A. 
An industrial user ("IU") shall not discharge any industrial waste into the Borough sewer system until the Borough has issued an industrial waste discharge permit (IWDP) to the IU.
B. 
An application for an IWDP shall be made on a form provided by the Borough and shall be fully completed under oath by the owner, user, or an owner or user's duly authorized officer, agent or representative. If requested, the person submitting the application shall also submit any scientific or testing data or other information required by the Borough, which shall have the right to inspect the premises, equipment and material, and laboratory testing facilities of any applicant.
C. 
No IWDP shall be issued to any person whose effluent discharge into the Borough sewer system, whether shown upon the application or determined after inspection and testing conducted by the Borough, is not or will not be in conformance with all applicable federal, Commonwealth of Pennsylvania, or Borough statutes, ordinances, or rules and regulations. If a permit is denied, the Borough shall state, in writing, the reason or reasons for denial, and said written communication shall be mailed or personally delivered to the applicant within 30 days after denial.
D. 
If an IWDP application is denied, or if the intended discharge stated on an IWDP application is not in accordance with this Part 1, the applicant may have the Borough review the denial, provided the applicant shall give written notice of this request within 30 days after receiving the denial. The Borough shall review the IWDP application, the written denial, and any other evidence and matters that applicant shall submit following receipt of request for its review, and the decision of the Borough after such review shall be final.
E. 
In the event any discharge of an IU's effluent into the Borough sewer system materially and substantially differs in type and volume from that stated in the application and IWDP, the permit holder shall, upon order of the Borough, immediately cease such discharge.
F. 
As the EPA or the DEP adds or amends specific pretreatment and effluent guidelines, or as the Borough deems necessary, any restrictions or conditions of an IWDP may be amended. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the IWDP of industrial users subject to these standards shall be deemed to have been revised to require compliance with such standards.
G. 
The Borough may suspend an IWDP if such suspension is necessary in order to terminate a discharge which presents a hazard to the public health, safety, or welfare, to the environment or operations of the sewer treatment plant or if the holder of an IWDP has violated any provisions of this Part 1. Any permittee notified of a suspension of that permittee's IWDP must immediately cease all discharge of all effluent into the Borough sewer system. The Borough may reinstate the IWDP upon proof of satisfactory compliance with all discharge requirements of this Part 1 and all other requirements of the Borough, and upon reimbursement to the Borough of all costs. In the event of a failure of the person or holder of an IWDP to comply voluntarily with a suspension order, the Borough may take all necessary steps to terminate the IWDP holder's discharge of effluent into the Borough sewer system, including but not limited to severance of the sewer connection. Further, the holder of an IWDP shall submit a detailed written statement to the Borough describing the causes of the harmful contribution and all measures taken or to be undertaken to prevent any future occurrence; this detailed written statement shall be submitted within 15 days of the date of any occurrence covered by this subsection.
H. 
An IWDP shall be issued for a period not to exceed three years. If the permittee is not notified by the Borough 90 days prior to the expiration date of the IWDP, the IWDP shall automatically be extended for one year.
I. 
An IWDP may be revoked by the Borough for any of the following causes:
(1) 
A failure of the IWDP holder to accurately report wastewater characteristics;
(2) 
A failure of the IWDP holder to report significant changes in operations which affect wastewater characteristics;
(3) 
A refusal of access to the IWDP holder's premises for the purpose of inspection or monitoring; or
(4) 
Violations of the conditions of the IWDP or of this Part 1.
J. 
An IWDP shall remain in effect only as long as the type of permitted effluent discharged remains unchanged. Any person discharging wastes covered by an IWDP who anticipates a change in the method of operation or other factor which may alter the type of waste then being discharged into the Borough sewer system shall apply to the Borough for an amended IWDP not less than 60 days prior to such change.
K. 
If additional pretreatment and/or operation and maintenance procedures are required for an IWDP holder to meet the requirements of this Part 1, the shortest schedule by which the permittee can provide such additional pretreatment and/or operation and maintenance procedures shall be submitted to the Borough. The completion date for this schedule shall not be later than the compliance date established for applicable pretreatment standards. The following conditions shall apply to this schedule:
(1) 
The schedule shall contain all dates for the commencement and completion of construction and operation of additional pretreatment required for the permittee to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.)
(2) 
No time increment shall exceed nine months.
(3) 
Not later than 14 days following each date in the schedule and the final date for compliance, the permittee shall submit a progress report to the Borough including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the permittee to return the construction to the schedule established. In no event shall more than nine months elapse between progress reports.
L. 
The holder of an IWDP shall maintain all records required by this Part 1 for a minimum period of three years. The retention period shall be extended during any unresolved litigation regarding the holder of the IWDP, the Borough, the Authority, or when requested by the Borough, the DEP or the EPA. Further, records required to be maintained by the holder of an IWDP shall be made available to the Borough or the Authority for inspection and copying, and shall also be made available upon request to the DEP and the EPA.
M. 
Fees for the submission of an Application for an IWDP, the issuance of an IWDP, the review of a denied IWDP, the reinstatement of a suspended IWDP, etc., shall be in accordance with a resolution adopted by the Borough Council, as amended from time to time, and the payment in full of any and all such fees shall be a prerequisite prior to any action of any nature whatsoever by the Borough Council.
IWDPs shall be expressly subject to all provisions of this Part 1 and all other applicable regulations, user charges and fees established by the Township. Further IWDPs may contain the following:
A. 
Limits on the average and maximum wastewater constituents and characteristics.
B. 
Limits on the average and maximum rate and time of discharge or requirements for flow regulations and equalization.
C. 
Requirements for installation and maintenance of inspection and sampling facilities.
D. 
Specification for monitoring programs which may include sampling locations, frequency of sampling, number types and standards for tests and reporting schedules.
E. 
Compliance schedules.
F. 
Requirements for submission of technical reports or discharge reports.
G. 
Requirements for maintaining and retaining plant records relating to wastewater discharge.
H. 
Requirements for notifying the Borough of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the Borough sewer system
I. 
Requirements for notification of slug discharges and preparation and implementation of slug control plans or other special conditions, including management practices necessary to adequately prevent accidental unanticipated or nonroutine discharges.
J. 
A statement of applicable civil and criminal penalties for a violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, commonwealth, or local law.
K. 
Other conditions deemed appropriate by the Borough to ensure compliance with this Part 1.
Characteristics of industrial wastes acceptable for treatment shall be as follows:
A. 
The five day 20° C. BOD instantaneous maximum shall not exceed 1,000 mg/l on an average twenty-four-hour composite sample.
B. 
Suspended solids content instantaneous maximum shall not exceed 1,000 mg/l on an average twenty-four-hour composite sample.
C. 
Total solids content shall not exceed 1,100 ppm on an average twenty-four-hour composite sample.
D. 
pH shall not be less than 6.0 nor greater than 9.0.
E. 
Temperature shall not exceed 160° F.
F. 
Color shall not be such as to require special treatment to render the effluent acceptable for discharge into the receiving stream.
G. 
No effluent shall contain toxic or poisonous substances which may impair or interfere with any sewage treatment process, or constitute a hazard to humans or animals, or create any hazard in the receiving stream of the treatment plant, or exceed any current NPDES permit levels, or exceed the limitation set forth in a Categorical Pretreatment Standard. The concentrations in mg/l of the following ions in the discharges into the Borough sewer system shall be limited to the following:
Ammonia
25.0 mg/l
Antimony
1.0 mg/l
Arsenic
0.1 mg/l
Barium
10.0 mg/l
Beryllium (as Be)
1.0 mg/l
Cadmium (as Cd)
0.01 mg/l
Chromium (total)
1.0 mg/l
Chromium (hexavalent)
0.05 mg/l
Color (Platinum Cobalt standard)
75.00 mg/l
Copper (as Cu)
0.013 mg/l
Cyanides
0.2 mg/l
Diazinon
0.00091 mg/l
Iron
0.3 mg/l
Lead
0.05 mg/l
Mercury
0.002 mg/l
Nickel (as Ni)
1.0 mg/l
Phenols
0.001 mg/l
Phosphorous (as P)
2.0
Zinc
0.081 mg/l
Silver
0.1 mg/l
Endrin
0.02 mg/l
Lindane
0.00006 mg/l
Malathion
0.0022 mg/l
Methoxychlor
10.0 mg/l
Toxphene
0.5 mg/l
2,4-D
10.0 mg/l
2,4,5-TP
1.0 mg/l
4,4,DDD
0.000001 mg/l
(1) 
Additions, deletions, variations, alterations and/or modifications.
[Added 5-15-2001 by Ord. No. 192]
(a) 
The Avondale Borough Council, by resolution duly adopted, may add to, delete, vary, alter, and/or modify either the ions and/or the concentrations thereof, as such ions and concentrations are listed in Subsection G, above, provided that the total loading for the specified parameter remains within the applicable mass loading limitations for the Avondale wastewater treatment plant as specified in the then-current Avondale Borough NPDES permit.
(b) 
Any resolution adopted by the Avondale Borough Council, pursuant to Subsection G(1)(a), above, shall be kept on file at all times in the Avondale Borough Hall, and, further, a true and correct copy of any such resolution shall be inserted in the official Avondale Borough Ordinance Book immediately following Ordinance 178, and all such resolutions shall be kept in chronological order therein.
H. 
No effluent shall contain grease, oil, inflammable material, nonbiodegradable material or any oxygen scavenger in any amount which impairs or affects the treatment plant of the Borough, interferes with any treatment processes or constitutes a hazard to human or animal life.
I. 
No effluent shall contain any other solid or viscous material capable of obstructing the flow in the sewers or at the treatment plant, or any material capable of causing interference with the proper operation of the treatment plant.
J. 
No effluent shall contain any material requiring extraordinary processing or expense at the treatment facilities.
K. 
If required by the Borough's Consulting Engineer or authorized agent, the user, at the user's expense, shall conduct such preliminary treatment as is necessary to modify the objectionable characteristics or control the quantities and rates of discharge of such water or wastes as necessary.
L. 
Plans, specifications, and any other pertinent information relating to proposed preliminary treatment or handling facilities shall be submitted for review to the Borough and no construction of such facilities shall begin until a permit for the connection is obtained in writing from the Borough.
A. 
If required by the Borough or the Authority, all users shall provide and maintain, at their own expense, facilities adequate to prevent accidental discharge of prohibited and/or regulated substances and to protect the sewer system and treatment plant from damages caused by such substances. No IU discharging into the sewer system within nine months after the effective date of this Part 1 shall be permitted to introduce pollutants into the sewer system until the Borough has reviewed and approved that IU's accidental discharge prevention procedures.
B. 
In the event of an accidental discharge into the Borough sewer system of any prohibited or regulated substance, the user shall immediately notify the Borough and the DEP, in writing, of the accidental discharge. The notification shall include information regarding the location of the discharge, the type of pollutants involved, the concentration and volume of the discharge and corrective actions taken.
C. 
Within five days after an accidental discharge, the user shall submit to the Borough and the DEP a detailed written report describing the cause of the discharge and the measures taken by the user to prevent similar future occurrences. This 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 sanitary sewer system or treatment plant, fish kills, or any other damage to person or property, nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this Part 1 or other applicable law.
A. 
The Borough may require the owner of an improved property to construct and maintain at the owner's expense a preliminary treatment facility (PTF) if such facility is necessary to reduce quantities and/or concentrations of pollutants to:
(1) 
Achieve any limits specified in this Part 1 or stated in any current NPDES permit; or
(2) 
Prevent excessive quantities of flow or concentrations of pollutants from disrupting operation of the sewage treatment plant.
B. 
No PTF shall be constructed or operated unless all plans, specifications, technical operating data, and other information for the PTF and its operation and maintenance have been reviewed by the Borough, and written approval of the plans, specifications, technical operating data and sludge disposal method have been obtained from the Borough, the EPA, the DEP, and all other local, commonwealth, or federal agencies having regulatory authority. No such approvals shall relieve the discharger from meeting any of the provisions of this Part 1.
C. 
All PTFs constructed pursuant to this Part 1 shall be continuously maintained in an effective operating condition by the user or person operating the PTF. As a condition of approval, the Borough shall have access to such facilities at all reasonable times for purposes of inspection and testing.
D. 
No provision of this Part 1 shall be construed to prevent or prohibit a separate contract or agreement between the Borough and any IU whereby industrial waste or wastewater of unusual strength, character or composition may be accepted by the Borough for treatment, subject to additional payment therefor by the IU; provided, however, that such industrial waste is in compliance with Categorical Pretreatment Standards and all applicable local, state and federal regulations.
E. 
The Borough reserves the right to reject admission into the Borough sewer system of any effluent harmful to the sewer system or treatment plant or to the receiving stream, to compel discontinuance of use of the sewer system or treatment plant or to compel pretreatment of industrial wastes in order to prevent discharges deemed harmful to or having a deleterious effect upon the sewer system, treatment plant or the receiving stream.
F. 
IUs shall provide necessary wastewater treatment required to comply with this Part 1 and with all Federal Categorical Pretreatment Standards within the time limitations specified by the Federal Pretreatment Regulations. All facilities required to pretreat wastewater to a level acceptable to the Borough shall be provided, operated, and maintained at the user's expense. Detailed plans showing the PTF and operating procedures shall be submitted to the Borough for review and shall be approved by the Borough before construction of the PTF. The review of such plans and operating procedures shall not relieve any IU from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Borough in accordance with this Part 1. Any subsequent changes in the PTF or its method of operation shall be reported to and approved by the Borough prior to the IU's initiation of the changes.
G. 
All records relating to compliance with the pretreatment standards shall be made available to officials of the EPA, the DEP, or the Borough upon request.
A. 
The Borough shall have the right to require any IU to submit to the Borough monthly or quarterly certified statements of the characteristics of the IU's wastewater discharged into the sewer system. This report shall be filed with the Borough no later than the 10th day of the month following the month or quarter for which the report is required.
B. 
The waste characteristics to be measured and certified by the IU shall be specified in the IWDP.
C. 
The owner of any property served by a building sewer carrying industrial waste and material shall install a manhole or sampling chamber in the building sewer line in accordance with plans and specifications approved by the Borough, and the manhole shall be installed and maintained at the IU's expense. There shall be ample room in each sampling chamber to accurately sample and secure composite samples for analysis. The chamber shall be maintained in accordance with OSHA safety standards and shall be accessible to representatives of the Borough at all times.
D. 
Every sampling chamber shall contain a Parshall flume, weir or similar device with a continuous recording and totalizing register for measuring flow.
E. 
Samples shall be taken every hour or half hour, and properly refrigerated and composited in proportion to the flow for a representative twenty-four-hour sample. Such sampling shall be done as prescribed by the Borough to ensure representative quantities for the entire reporting period.
F. 
The sampling frequency, sampling chamber, metering device, sampling methods, and analyses of samples shall be subject to inspection and verification by the Borough.
G. 
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this section shall be determined in accordance with the standard methods specified by this Part 1 or with methods approved by the Borough.
H. 
All information regarding an IU's effluent characteristics shall be nonconfidential and shall be available to the public without restriction, unless the IU 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 IU.
I. 
In the event the Borough deems it necessary to conduct its own tests of wastes discharged by any IU, the Borough can make or have made any such tests and the IU shall reimburse the Borough for the costs thereof upon presentation of an invoice.
J. 
Within 90 days after the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of effluent into the sewer system, any IU subject to pretreatment standards and requirements shall submit to the Borough a report stating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the IU facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the IU into compliance with all applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the IU.
K. 
Any IU subject to a pretreatment standard, after the compliance date of that pretreatment standard, or, in the case of a new source, after commencement of the discharge into the sewer system, shall submit to the Authority during the months of June and December (unless required more frequently in the pretreatment standard or by the IWDP) a report stating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, the report shall include a record of all daily flows which during the reporting period exceeded the average daily flow.
L. 
The Borough may impose mass limitations on IUs which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection J of this section must indicate the mass of pollutants regulated by pretreatment standards in the effluent of the IU. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Borough, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in accordance with procedures contained in 40 CFR Part 136, as amended from time to time, or with any other test procedures approved by the Administrator.
Prior to any connection with or use of the Borough sewer system by an IU, and whether or not any PTF is necessary for that IU, all IUs shall comply with the following procedures:
A. 
Preliminary approval.
(1) 
A prospective IU shall submit to the Borough for its review and approval a concept report. The concept report shall be submitted in triplicate original and shall contain the following:
(a) 
A detailed description of the wastewater characteristic of the IU.
(b) 
A description of the proposed preliminary treatment process designed to meet the requirements of this Part 1 and other applicable regulations.
(c) 
A description of the design of any proposed PTF and a description of major components thereof.
(d) 
A description of post-preliminary treatment effluent characteristics.
(e) 
A plot plan of the property of the IU on which the PTF will be located.
(f) 
A flow diagram.
(g) 
A planning module as required by the DEP.
(2) 
The concept report shall be reviewed by the Borough or its Consulting Engineer or authorized agent within 90 days after submission of the concept report. If the concept report is rejected, the reasons for such rejection shall be stated therein and the IU may resubmit the concept report or withdraw the concept report.
B. 
Detailed plans and specifications.
(1) 
If the Borough approves the concept report submitted by the IU, the IU, within 90 days after the date of the Borough's approval, shall submit to the Borough triplicate copies of detailed plans and specifications for the PTF, and the minimum design standards for the proposed preliminary treatment facility shall be those as set forth in the Sewage Manual and Industrial Waste Manuals (current edition) of the DEP and any other governmental agency or authority with jurisdiction over a preliminary treatment facility.
(2) 
The plans required by Subsection B(1) shall be reviewed by the Borough 60 days after submission.
(3) 
After the plans and specifications have been approved, in writing, by the Borough, the IU shall submit the plans and specifications to the DEP and any other governmental agency with jurisdiction over the proposed preliminary treatment facility.
C. 
IU and Borough escrow agreement. If the plans and specifications required by § 340-17B are approved by the Borough, the IU and the Borough shall enter into an escrow agreement which shall provide for the establishment by the IU of an escrow account in favor of the Borough to reimburse the Borough for the reasonable and necessary expenses incurred for the following:
(1) 
Review and approval of all submissions by the Borough's Consulting Engineer or authorized agent.
(2) 
Inspection of construction by the Borough's Consulting Engineer or authorized agent.
(3) 
Design fee for the Borough's Consulting Engineer, if applicable.
(4) 
Legal fees incurred by the Borough.
(5) 
Without limitation as to the types of financial security which the Borough may approve, federal- or commonwealth-chartered lending institutions, irrevocable letters of credit, and restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security for purposes of this Part 2, provided such federal- or commonwealth-chartered lending institution is authorized to conduct business in the Commonwealth of Pennsylvania.
(6) 
The fees charged by the Borough's Consulting Engineer or authorized agent pursuant to this section shall be reasonable and in accordance with the ordinary and customary fees charged by the Consulting Engineer or authorized agent for work performed for similar services in the community, but in no event shall such fees exceed the rate or cost charged by the Consulting Engineer to the Borough for similar services.
D. 
Construction, inspection and approval.
(1) 
After the agreement required by § 340-17C above has been executed, the IU, at its sole cost and expense, shall construct the PTF in accordance with the plans and specifications approved by the Borough.
(2) 
All construction associated with the IU's PTF and its ultimate connection with the Borough sewer system shall be subject to inspection by the Borough; after final inspection and approval of all construction, the Borough will issue a connection permit which will permit the IU to connect to the Borough sewer system. However, the issuance of the connection permit shall in no way relieve the IU of the obligation to comply with any and all effluent requirements of this Part 1.
A. 
Industrial waste by any user discharged into the Borough sewer system shall be subject to periodic sampling and inspection by the Borough to determine the character and concentration of the effluent.
B. 
Sampling, inspection and verification shall be made as frequently as deemed necessary by the Borough.
C. 
For purposes of facilitating sampling and inspection, any person discharging industrial waste into the Borough sewer system shall construct a manhole or sampling chamber in accordance with plans and specifications approved by the Borough; the manhole and/or sampling chamber shall be installed and maintained at the user's expense. There shall be ample room in the manhole or sampling chamber to accurately sample and secure composite samples for analysis. The manhole and/or sampling chamber shall be maintained in accordance with OSHA safety standards and shall be accessible to authorized representatives of the Borough at all times.
A. 
The composition of any industrial waste discharged into the Borough sewer system which is or may be subject to the surcharge provisions of this Part 1 shall be determined quarterly (or more frequently as the Borough shall elect) from the data submitted by the IU.
B. 
The frequency and duration of any sampling period shall be that which, in the opinion of the Borough, will permit a reasonably reliable determination of the average composition of the effluent, exclusive of stormwater runoff. Samples will be the composite samples that reasonably reflect the characteristics of the effluent over a twenty-four-hour period.
C. 
If the sampling and analysis described in § 340-19B shows industrial waste to have pollutants of BOD concentrations in excess of 250 mg/l and/or nonfilterable residue concentration in excess of 250 mg/l, the discharger, in addition to its regular fee, shall pay a surcharge to the Borough which shall be computed using the following formula:
SQ = 0.00834 QI [(BOD I - 250) TA + (SS I - 250) TB]
Where:
SQ is the quarterly surcharge to be added to the basic user charge.
0.00834 is a constant to convert waste concentrations expressed in million gallons.
QI is the quarterly industrial waste flow expressed in million gallons.
BOD I and SS I are the respective concentrations of BOD5 and suspended solids of the industrial waste expressed in mg/l.
250 is a constant which expresses the waste load concentrations of BOD and suspended solids for normal domestic wastes in mg/l.
TA and TB are actual treatment costs incurred by the Borough per 1,000 pounds of BOD and suspended solids, respectively. These costs shall be determined by the Borough based upon actual costs of operation and maintenance. TA and TB shall be determined at the beginning of each year by the Borough Council, based upon budgeted operating costs and adopted by resolution.
D. 
All IUs requiring an IWDP shall be assessed a fee for each scheduled sampling to be performed by the Borough; the charge to the IU for each scheduled sampling will be set through a resolution by the Borough.