[Adopted 8-14-1995 by Ord. No. 1545; amended in its entirety 12-13-2021 by Ord. No. 1865]
A. 
Purpose and policy.
(1) 
The City of DuBois has duly adopted the following rules and regulations governing the admission of industrial wastes to the publicly owned treatment works.
(2) 
The City of DuBois, a body corporate and politic, existing under the laws of the Commonwealth of Pennsylvania, was duly incorporated.
(3) 
This article sets forth uniform requirements for direct and indirect contributors of industrial wastes into the wastewater and collection system owned and operated by the City, and enables the City to comply with all applicable state and federal laws required by the Clean Water Act of 1977[1] and the General Pretreatment Regulations (40 CFR, Part 403).
[1]
Editor's Note: See 33 U.S.C.A. § 1251 et seq.
(4) 
The basic objectives of these rules and regulations are:
(a) 
To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge;
(b) 
To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system;
(c) 
To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and
(d) 
To provide for equitable distribution of the cost of the municipal wastewater system.
(5) 
This article provides for the regulation of direct and indirect industrial waste contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that an existing customer's capacity will not be preempted, and provides for the setting of fees for the equitable distribution of costs resulting from the pretreatment program established herein.
(6) 
This article shall apply to each person and any political subdivision who, by contract or agreement with the City, avails himself of sanitary sewer service; and every such person or political subdivision by availing himself of sanitary sewer service agrees to be bound by these rules and regulations .
B. 
Conflict. This Industrial Sewer Use Ordinance is a supplement to the City's existing Sewer Use Ordinance of 1988 (as amended). The portions of the existing ordinance and all other ordinances, or parts thereof, which are inconsistent or conflicting with any part of this article are hereby repealed to the extent of such inconsistency or conflict.
C. 
Severability. If any provision, paragraph, word, or section of these rules and regulations is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, and sections shall not be affected and shall continue in full force and effect.
A. 
Definitions. Unless the context specifically indicates otherwise, the following terms and phrases, as used in these rules and regulations, shall have the meanings hereinafter designated:
ABNORMAL INDUSTRIAL WASTE
Any industrial waste having a suspended solid content or a five-day biochemical oxygen demand (BOD5) appreciably in excess of that normally found in municipal sewage. For the purposes of these regulations, any industrial waste containing more than 300 milligrams per liter of suspended solids, or having a BOD5 in excess of 300 milligrams per liter, shall be considered an abnormal industrial waste, regardless of whether or not it contains other substances in concentrations differing appreciably from those normally found in municipal sewage.
ACT or THE ACT
The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
APPROVAL AUTHORITY
The Administrator of the U.S. EPA Region III office until such time that the state's pretreatment program is approved, at which time the Director of the Pennsylvania DEP will become the approval authority.
AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE OF THE USER
(1) 
If the user is a corporation:
(a) 
The president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
(b) 
The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) 
If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
(3) 
If the user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
(4) 
The individuals described in Subsection A(1) through (3), above, may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City.
BEST MANAGEMENT PRACTICES or BMPs
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 340-43.2 [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen required for the biochemical and chemical oxidation of waterborne substances under standard laboratory procedure in five days at 20° C. expressed in terms of weight and volume [milligrams per liter (mg/L)]. It shall be determined by one of the acceptable methods described in the current edition of "Standard Methods for the Examination of Water and Wastewater."
BOROUGH
The Borough of Falls Creek, a political subdivision of Clearfield County and the Commonwealth of Pennsylvania.
CITY
The City of DuBois, Pennsylvania, a body corporate and politic, organized and existing under the laws of the Commonwealth of Pennsylvania.
COMBINED SEWER
A sewer designated to receive both sanitary sewage and stormwater runoff, which has been approved for such purposes.
COOLING WATER (NONCONTACT COOLING WATER)
The water used for any air conditioning, cooling, or refrigeration purposes which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
COUNCIL
The elected members of the City Council of the City of DuBois, Pennsylvania, and its duly authorized agents or representatives.
CURRENT EDITION
The latest edition of the "Standard Methods for the Examination of Water and Wastewater" published by the American Public Health Association and current at the time the determination of any analysis required is to be made.
DAILY MAXIMUM
The arithmetic average of all effluent samples for a pollutant collected during a calendar day or twenty-four-hour period.
DAILY MAXIMUM LIMIT
The maximum allowable discharge limit of a pollutant during a calendar day or twenty-four-hour period. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day or twenty-four-hour period. Where the daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentrations derived from all measurements taken that day or the twenty-four-hour period.
DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
The Pennsylvania Department of Environmental Protection, or where appropriate, the term may also be used as a designation for the Director or other duly authorized official of said agency.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Pennsylvania.
ENVIRONMENTAL PROTECTION AGENCY (EPA)
The U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the Administrator or other duly authorized official of said agency.
EXPANSION
An increase in hydraulic capacity.
FEDERAL CATEGORICAL PRETREATMENT STANDARD or FEDERAL PRETREATMENT STANDARD or CATEGORICAL STANDARDS
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1317) which applies to a specific category of industrial users. This term includes national prohibitive discharge limits established pursuant to Section 403.5 of the General Pretreatment Regulations (40 CFR, Part 403) and Pretreatment Standards for specific industrial categories (e.g., 40 CFR Chapter I, Subpart N, Parts 405 through 471).
GARBAGE
Solid wastes from the preparation, cooking, and dispensing of food and from the handling, storage, and sale of produce.
GRAB SAMPLE
A sample which is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.
HOLDING TANK WASTE
Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
INDIRECT DISCHARGE
The discharge or the introduction of pollutants from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act, (33 U.S.C. § 1317), into the POTW (including holding tank waste discharge into the system).
INDUSTRIAL USER
A source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act (33 U.S.C. § 342).
INDUSTRIAL WASTE PERMIT
A discharge permit issued by the authority pursuant to the requirements of § 340-43.3 of these rules and regulations .
INDUSTRIAL WASTES
Any liquid, gaseous, or waterborne waste from industrial processes or commercial establishments as distinct from sanitary sewage.
INSTANTANEOUS LIMIT
The maximum concentration of a pollutant allowed to be discharged at any time, determined from analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
INTERFERENCE
Any discharge which alone or in conjunction with a discharge or discharges from other sources both:
(1) 
Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
(2) 
Therefore is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA),[1] including Title II more commonly referred to as "the Resource Conservation and Recovery Act (RCRA)," and including any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA, the Clean Air Act,[2] the Toxic Substances Control Act,[3] and the Marine Protection, Research and Sanctuaries Act.[4]
MANAGER
The person or his duly authorized representative designated by the Council to supervise the administration and operation of the City of DuBois and is charged with certain duties and responsibilities by this article.
MAY
Is permissive.
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
NEW SOURCE
(1) 
Any building, structure, facility, or installation from which there is or may be a discharge of pollutants, and construction of which is commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
(a) 
The building, structure, facility, or installation is constructed at a site at which no other source is located; or
(b) 
The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
(c) 
The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant and the extent to which the new facility is engaged in the same general activity as the existing source should be considered.
(2) 
Construction on a site at which an existing source is located results in modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Subsection A(1)(a), (b) or (c) of this section but otherwise alters, replaces, or adds to an existing process or production equipment. Construction of a new source as defined under this section has commenced if the owner or operator has:
(a) 
Begun, or caused to begin as part of a continuous on-site construction program, any placement, assembly, or installation of facilities or equipment; or significant site preparation work, including clearing, grubbing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
(b) 
Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this definition.
OCCUPIED BUILDING
Any structure erected and intended for continuous or periodic habitation, occupancy, or use by human beings or animals, and from which structure sanitary sewage and industrial wastes, or either thereof, is or may be discharged.
OWNER
The person, firm, corporation, or association having an interest as owner, or a person, firm, corporation, or association representing itself to be the owner, whether legal or equitable, sole or only partial, in any premises which is or is about to be furnished sewage service by the authority, and the word "owners" means all so interested.
PASS-THROUGH
A discharge which exits from a POTW into navigable waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).
PERSON
Any individual, partnership, copartnership, firm, company corporation, association, joint-stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
pH
The logarithm to the base 10 of the reciprocal of the hydrogen ion concentration expressed in moles per liter. It shall be determined by one of the acceptable methods listed in 40 CFR 136.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water.
POLLUTION
The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
POTW TREATMENT PLANT
The portion of the POTW designed to provide treatment to wastewater.
PREMISES
The property or area, including the improvements thereon, to which sewage service is or will be furnished, and as used herein shall be taken to designate:
(1) 
A building under one roof, owned or leased by one customer, and occupied as a place of business or for manufacturing or industrial purposes, or
(2) 
A group or combination of buildings owned by one customer, in one common enclosure, occupied by one organization, corporation, or firm as a place of business or for manufacturing or industrial purposes.
PRETREATMENT or TREATMENT
The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical, or biological processes; or process changes and other means, except as prohibited by 40 CFR 403.6(d).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard, imposed on an industrial user by the federal, state, or local limits.
PRETREATMENT STANDARD OR STANDARDS
Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 340-43.2 of this article.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of food and from the handling, storage, and sale of produce that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.
PUBLICLY OWNED TREATMENT WORKS (POTW)
All separate sanitary sewers, all combined sewers, all sewage pumping stations, all sewage treatment works, and all other sewerage facilities owned and operated by the City for the collection, transportation, and treatment of sanitary sewage and industrial wastes, together with their appurtenances, and any additions, extensions, or improvements thereto that may be made by the City. It does not include separate storm sewers or culverts which have been constructed for the sole purpose of carrying storm and surface runoff, the discharge from which is not and does not become tributary to the City's sewage treatment facilities.
SANITARY SEWAGE
The normal water-carried household and toilet wastes from residence, business buildings, institutions, industries, and commercial establishments, exclusive of stormwater runoff, surface water, groundwater and industrial wastes.
SANITARY SEWER
A sewer intended to carry only sanitary or sanitary and industrial wastewaters from residences, commercial buildings, industrial plants, and institutions and to which storm, surface, and groundwaters are not intentionally admitted.
SEWAGE
A combination of water-carried wastes from residences, business buildings, institutions, and industrial and commercial establishments, together with such ground, surface or stormwater as may be present.
SEWER
A pipe or conduit for carrying sewage or other waste liquids.
SHALL
Is mandatory.
SIGNIFICANT INDUSTRIAL USER
Any industrial user who: a) is subject to any Federal Categorical Pretreatment Standards under 40 CFR Section 403.6 and 40 CFR Chapter I, Subchapter N; or b) discharges an average flow of 25,000 gallons per day (gpd) or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); or c) contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or d) is designated as such by the City, the EPA, or the Pennsylvania DEP on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.
SLUG LOAD or SLUG DISCHARGE
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Article 3 of these rules and regulations. A slug discharge is any discharge of a nonroutine, episodic nature, including, but not limited to, accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass-through, or in any other way violate the POTW's regulations, local limits or permit conditions.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
STATE
Commonwealth of Pennsylvania.
STORM SEWER
A sewer which is intended to carry stormwater runoff, surface waters, groundwater drainage, etc., but which is not intended to carry any sanitary sewage or industrial waste.
STORMWATER
Any flow occurring during or following any form of natural precipitation and resulting therefrom.
STORMWATER RUNOFF
That portion of the rainfall which reaches a drain.
SUSPENDED SOLIDS
Solids that either float on the surface or are in suspension in water, sewage, industrial waste, or other liquids and which are removable by laboratory filtration. The quantity of suspended solids shall be determined by one of the acceptable methods described in the current edition of "Standard Methods for the Examination of Water and Wastewater."
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of the Clean Water Act 307(a) or other acts.
TOWNSHIP
Sandy Township, a political subdivision of Clearfield County and the Commonwealth of Pennsylvania.
TREATMENT WORKS
Any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature to implement Section 201 of Public Law 92-500, 33 U.S.C., or necessary to recycle or reuse water at the most economical cost over the useful life of the works, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment and their appurtenances; extension improvement, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply, such as standby treatment units and clear water facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residuals resulting from each treatment; or any other method or system for preventing, reducing, storing, treating, separating, or disposing of municipal waste, including stormwater runoff, or industrial waste, including waste in combined stormwater and sanitary sewer systems.
UNPOLLUTED WATER OR WASTE
Any water or waste containing none of the following: free or emulsified grease or oil; acid or alkali; phenols or other substances imparting taste and odor to receiving waters; toxic or poisonous substances in suspension, colloidal state, or solution; obnoxious or odorous gases. It shall contain not more than 1,000 milligrams per liter by weight of dissolved solids of which not more than 250 milligrams per liter shall be as chloride, and not more than 10 milligrams per liter each of suspended solids and BOD5. The color shall not exceed 50 platinum-cobalt color units. Analyses for any of the abovementioned substances shall be made in accordance with the current edition of "Standard Methods for the Examination of Water and Wastewater."
UPGRADING
An increase in the level of treatment provided to improve the quality of the effluent water.
UPSET
Any exceptional incident in which there is unintentional and temporary noncompliance with Federal Categorical Pretreatment Standards adopted pursuant to these rules and regulations because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.
USER
Any person who contributes, causes, or permits the contribution of wastewater into the City's POTW.
WASTEWATER
The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and stormwater that may be present, whether treated or untreated, which is contributed to or permitted to enter the POTW.
WATERCOURSE
Any channel in which a flow of water occurs, either continuously or intermittently.
WATERS OF THE STATE
All streams, lakes, ponds, marshes, water courses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.
[1]
Editor’s Note: See 42 U.S.C.A. § 6901 et seq.
[2]
Editor’s Note: See 42 U.S.C.A. § 7401 et seq.
[3]
Editor’s Note: See 15 U.S.C.A. § 2601 et seq.
[4]
Editor’s Note: See 33 U.S.C.A. § 1401 et seq.
B. 
Abbreviations. The following abbreviations shall have these designated meanings:
Abbreviation
Meaning
BMP
Best management practice
BMR
Baseline monitoring report
BOD
Biochemical oxygen demand
CFR
Code of Federal Regulations
COD
Chemical oxygen demand
DEP
Department of Environmental Protection
EPA
Environmental Protection Agency
IU
Industrial user
L
Liter
mg
Milligrams
mg/L
Milligrams per liter
NPDES
National Pollutant Discharge Elimination System
POTW
Publicly owned treatment works
SIC
Standard industrial classification
SIU
Significant industrial user
SNC
Significant noncompliance
SWDA
Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
USC
United States Code
TSS
Total suspended solids
A. 
General discharge prohibitions.
(1) 
The discharge of excessive amounts of unpolluted water or waste to the public sanitary sewerage system is expressly prohibited. However, such discharges to combined sewers or storm sewers will be permitted wherever such sewers have adequate capacity. The City reserves the right to define the amount it deems excessive in each particular situation.
(2) 
The discharge of any garbage to the public sanitary sewerage system is expressly prohibited unless the garbage has first been properly shredded by a garbage grinder or garbage disposal device.
(3) 
No user shall contribute or cause to be contributed, directly or indirectly, any pollutants that will pass through the POTW or interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of the POTW whether or not the user is subject to Federal Categorical Pretreatment Standards or any other federal, state, or local pretreatment standards or requirements. A user may not contribute the following substances to the POTW:
(a) 
Any liquids, solids, or gases which by reason of their nature or quantity are or may be sufficient, either alone or by interaction with any other substances, to create a fire or explosion hazard in the POTW, including, but not necessarily limited to, any waste streams with a closed-cup flashpoint of less than 140° F. or 60° C. using the test methods specified in 40 CFR 261.21. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the public sewer 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. Restricted materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, and sulfides and any other substances which the City, the DEP, or EPA deem to pose a fire or explosion hazard.
(b) 
Any solid or viscous substances which may cause obstruction to the flow in a sewer, cause mechanical action which will destroy the sewer structures, or, in the opinion of the City, may cause other interference with the operation of the POTW, including, but not limited to, grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grindings, or polishing wastes.
(c) 
Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or exceed the limitation set forth in a Categorical Pretreatment Standard. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Act.
(d) 
Any noxious or malodorous liquid, gas, or solid which either singly or by interaction with other wastes is, in the option of the City, sufficient to create a public nuisance or hazard to life or is sufficient to prevent entry into the sewers for their maintenance and repair.
(e) 
Any substance which may cause the POTW's effluent or any other product of the POTW such as residues, sludges, or scums, to be unsuitable for reclamation and reuse, or to interfere with the reclamation process where the POTW is pursuing a reuse and reclamation program. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines, or regulations developed under Section 405 of the Act; 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 Substance Control Act,[3] or state criteria applicable to the sludge management method being used.
[1]
Editor’s Note: See 42 U.S.C.A. § 6901 et seq.
[2]
Editor’s Note: See 42 U.S.C.A. § 7401 et seq.
[3]
Editor’s Note: See 15 U.S.C.A. § 2601 et seq.
(f) 
Any substance which will cause the POTW to violate its NPDES and/or state disposal system permit or the receiving water quality standards for Sandy Lick Creek.
(g) 
Any wastewater containing dyes, paints, pigments, ink, or other coloring agents which are not removed by the treatment process and are in sufficient quantity to add any coloration above that of normal sewage, or cause objectionable color. The color shall not exceed 50 platinum-cobalt color units.
(h) 
Any wastewater having a temperature in excess of 60° C. (140° F.) or which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater that causes the temperature of the wastewater at the point of introduction into the POTW treatment plant to exceed 40° C. (104° F.).
(i) 
Any pollutant, including oxygen demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which will cause interference to the POTW. Where the City deems it advisable, it may require any person discharging industrial wastes to utilize flow equalization or restricted discharge rates to prevent potential slug loading problems, such as in the case of batch discharges.
(j) 
Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the City in compliance with applicable state or federal regulations.
(k) 
Any wastewater containing gases or vapors, either free or occluded, in concentrations that may cause a hazard to human life or create a public nuisance.
(l) 
Any wastewater having a pH lower than 5.5 or higher than 12.0, or having any other corrosive property capable of causing damage or hazards to structures, equipment, or personnel of the POTW. Where the City deems it advisable, it may require any person discharging industrial wastes to install and maintain at his own expense, in a manner approved by the City, a suitable device to continuously measure and record the pH of the wastes so discharged.
(m) 
Any wastewater containing petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through, or wastewater containing more than 300 mg/L of fat, oil, or grease.
(n) 
(Hexane extractables) of any origin, excluding wastewater discharges covered under the jurisdiction of City Ordinance No. 1816 ("Grease Trap Ordinance").[4]
[4]
Editor's Note: See Ch. 340, Art. VI, Food Service Establishment Wastes.
(o) 
Any wastewater containing insoluble, nonflocculent substances having a specific gravity in excess of 2.65, or soluble substances in such concentrations as to cause the specific gravity of the waste to be greater than 1.1.
(p) 
Any wastewater or pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute or chronic worker health and safety problems.
(q) 
Any wastewater containing more than 10.0 parts per million of any of the following gases: hydrogen sulfide, sulfur dioxide, nitrous oxide, or any of the halogens.
(r) 
Any trucked or hauled wastewater or pollutants, except at a discharge point(s) designated by the City.
(4) 
When the City determines that a user is contributing any of the above enumerated substances to the POTW in such amounts that will pass through or interfere with the operation of the POTW, the City shall: 1) advise the user of the impact of the contribution on the POTW; 2) develop specific effluent limitation(s) for such user to correct the interference with the POTW; and/or 3) initiate appropriate enforcement action against the user pursuant to the provisions of § 340-43.6 of these rules and regulations .
B. 
Specific pollutant limitations. No person shall discharge any wastewaters containing any of the following substances in solution in concentrations exceeding the following maximum permissible concentrations:
Parameter
(Total)
Daily Maximum Concentration Limit
(mg/L)
Arsenic
0.1
Cadmium
0.03
Chromium
0.6
Copper
0.6
Cyanide
0.2
Lead
0.2
Mercury
0.007
Nickel
0.6
Selenium
0.03
Silver
0.2
Zinc
2.9
Bis (2-Ethylhexyl) Phthalate
0.1
Chloroform
0.3
Di-N-Butyl Phthalate
1.1
or any other elements which will, in the opinion of the City, damage collection facilities or otherwise be detrimental to the treatment processes. The limits set forth above may be amended from time to time as deemed necessary by the City to protect the facilities and ensure the POTW's compliance with applicable NPDES permit conditions and water quality standards. The City reserves the right to impose mass limitations and/or concentration limitations for any pollutant where it deems necessary.
C. 
Special agreements. No statement contained in this article shall be construed as prohibiting any special agreement or arrangement between the City and any person or industrial user whereby an industrial waste of unusual strength or character may be discharged to the POTW by the user, provided the objectives of the general pretreatment regulations are fulfilled. Similar to any other requirements imposed under this article, the provisions of such special agreement will be superseded by any EPA Categorical Standards or other Federal Pretreatment Requirements. In no event shall any special agreement allow the total loading allocated to all industrial users for any pollutant to exceed the maximum allowable industrial loading set forth in the most recent local limits evaluation submitted by the City and approved by EPA as part of the City's pretreatment program. Maximum allowable industrial loadings most recently approved by EPA are shown in the table below. All special agreements will be documented in the user's industrial waste discharge permit.
Parameter
(Total)
Maximum Allowable Industrial Loading
(lb/day)
Arsenic
0.2738
Cadmium
0.0678
Chromium
1.2025
Copper
1.2368
Cyanide
0.4962
Lead
0.4074
Mercury
0.0139
Nickel
1.2344
Selenium
0.0670
Silver
0.5221
Zinc
5.7373
Bis (2-Ethylhexyl) Phthalate
0.2369
Chloroform
0.7369
Di-N-Butylphthalate
2.2534
D. 
Federal Categorical Pretreatment Standards. Upon the promulgation of the Federal Categorical Pretreatment Standard for a particular industrial subcategory, the Federal Standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall immediately supersede the limitations imposed under this article. The City shall notify all affected users of the applicable Federal Standards and the applicable reporting requirements under 40 CFR 403.12, such as the baseline monitoring report. All affected users must comply with the standards and reporting requirement even in the event that the notification is not provided by the City.
E. 
Modification of Federal Categorical Pretreatment Standards. Where the City's wastewater treatment system achieves consistent removal of pollutants limited by Federal Pretreatment Standards, the City may apply to the approval authority for modification of specific limits in the Federal Pretreatment Standards. "Removal" shall mean a reduction in the amount of a pollutant or an alteration of the nature of a pollutant in the influent to the POTW to a less toxic or harmless state in the effluent. Consistent removal shall mean the average of the lowest 50% of the removals measured according to the procedures set forth in Section 403.7(b)(2) of Title 40 of the Code of Federal Regulations, Part 403, "General Pretreatment Regulations for Existing and new sources of Pollution," promulgated pursuant to the Act. The City may modify pollutant discharge limits in the Federal Pretreatment Standards if the requirements contained in 40 CFR, Part 403, Section 403.7 are fulfilled and prior approval from the approval authority is obtained.
F. 
State requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those imposed under this article.
G. 
Right of revision. The City reserves the right to establish by amendment to this article more stringent limitations or requirements on discharges to the POTW if deemed necessary.
H. 
Excessive discharge. No user shall ever increase the use of process water or cooling water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the Federal Categorical Pretreatment Standards, or any pretreatment standard or requirement, imposed by the City or state.
I. 
Accidental discharges.
(1) 
The City shall evaluate whether each SIU needs an accidental/slug discharge control plan or other action to control slug discharges. The City 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 slug discharges. Alternatively, the City may develop such a plan for any user. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:
(a) 
Description of discharge practices, including nonroutine batch discharges;
(b) 
Description of stored chemicals;
(c) 
Procedures for immediately notifying the City/Superintendent of any accidental or slug discharge, as required by § 340-43.2I(2) of this article; and
(d) 
Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.
(2) 
All industrial users, whether permitted or not, shall immediately telephone and notify the City of all accidental spills, slug discharges, or other discharges that could cause potential problems for the POTW. This notification shall include the location of the discharge, type of waste, concentration and volume of waste, and any mitigating and/or corrective actions taken. Upon request by the City, the industrial user shall also prepare and submit to the City within five days after such notice a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent any similar occurrences in the future. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law.
(3) 
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of an accidental spill and/or slug discharge. Employers shall ensure that all employees who may cause or discover an accidental spill and/or slug discharge has occurred are advised of the emergency notification procedure.
A. 
Permit requirements.
(1) 
It shall be unlawful for any significant industrial user or other users required by the City within the City's sewer service area to discharge any wastewater to the POTW without an industrial waste permit authorized by the City in accordance with the provisions of this article.
(2) 
All industrial users proposing to connect to or to contribute to the City's POTW shall obtain an industrial waste permit before connecting to or contributing to the POTW.
B. 
Permit application.
(1) 
All significant industrial users or any other users required by the City that do not have a permit must apply within 90 days of the effective date of this article. A completed permit application in the form prescribed by the City and accompanied by an application fee according to the fee schedule adopted by the City must be submitted. Under the provisions of § 340-43.4B of this article, the City reserves the right to assess additional charges and fees to cover any reasonable costs incurred by the City in reviewing and processing the permit application. Existing significant industrial users shall apply for an industrial waste permit within 90 days after written notification from the City that the user must obtain a permit. Proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW. In support of the permit application, the user shall submit, in units and terms appropriate for evaluation, the following information wherever possible:
(a) 
Name, address, and location of facility (if different from the mailing address).
(b) 
SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.
(c) 
Wastewater constituents and characteristics, including, but not limited to, those mentioned in § 340-43.2 of this article as determined by a Pennsylvania accredited 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.
(d) 
Time and duration of contribution.
(e) 
Average daily and three-minute peak wastewater flow rates, including daily, monthly, and seasonal variations, if any.
(f) 
Site plans, floor plans, mechanical and plumbing plans or sketches to approximate scale in sufficient detail to show all sewers, sewer connections, and appurtenances by the size, location, and elevation.
(g) 
Description of activities, facilities, and plant processes on the premises, including a list of all toxic pollutants and pollutants prohibited or regulated by this article which are or could potentially be discharged to the POTW.
(h) 
Where known, the nature and concentration of any pollutants in the discharge which are limited by any City, state or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards.
(i) 
If additional pretreatment and/or operation and maintenance procedures will be required to meet the pretreatment standards, the user shall submit the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:
[1] 
The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).
[2] 
No increment referred to in Subsection B(1)(i)[1] above shall exceed nine months.
[3] 
No later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the City 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 user to return the construction to the schedule established. In no event shall more than nine months' elapse between such progress reports to the City.
(j) 
Each product produced by type, amount, process or processes, and rate of production.
(k) 
Type and amount of raw materials processed (average and maximum per day).
(l) 
Number of employees, and hours of operation of plant, and proposed or actual hours of operation of pretreatment system.
(m) 
Any other environmental permits applicable to the facility.
(n) 
Any other information as may be deemed by the City to be necessary to evaluate the permit application.
(o) 
Certification. All baseline monitoring reports must contain a certification statement as required in § 340-43.3H(9)of this article.
(p) 
Signature and certification. All baseline monitoring reports must be signed and certified in accordance with § 340-43.3H(13)of this article.
(2) 
All industrial users that have a permit must submit a new application at least 180 days prior to the expiration of the existing permit.
(3) 
The Manager, or authorized representative, of the City shall review the permit application for completeness within 60 days of its receipt and notify the applicant, in writing, as to whether the application is considered complete or incomplete. If the application is incomplete, the Manager shall specify the additional information that is required to complete the application and a date for submitting the necessary information. After an application is completed, the Manager may still request additional information but only to clarify, modify, or supplement the previously submitted material. If the Manager deems it necessary, a site visit may be scheduled with the applicant to assist the Manager in evaluating the application. Failure or refusal to correct deficiencies in the application within a reasonable time schedule may be cause for permit denial and appropriate enforcement action as per § 340-43.5 of this article.
(4) 
The Manager shall issue a draft industrial waste permit or notice of intent to deny a permit within 60 days after receipt of the completed application. The applicant shall be given a minimum thirty-day period to review and comment on the proposed permit or permit denial. Upon request, the Manager shall schedule an informal meeting with the applicant to review the draft permit or proposed permit denial action. In the event that the applicant and the Manager cannot come to an agreement on the draft permit or permit denial, the applicant may request a formal meeting before the City Council to appeal the permit denial or specific provisions of the draft permit. A request for an appeal must be submitted, in writing, to the Council within 30 days after the informal meeting with the Manager. The request shall clearly state the specific action or provision(s) being appealed and the grounds for the appeal. Within 30 days after the close of the applicant's review period or the appeal meeting, the City shall issue a final industrial waste permit.
C. 
Permit modifications. As soon as possible after the promulgation of a Federal Categorical Pretreatment Standard, the industrial waste permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Within 180 days after the effective date of the applicable Federal Categorical Pretreatment Standard, any user which has not previously submitted an application for an industrial Waste Permit, as required by § 340-43.3B(1) of this article, shall submit to the City an application for an industrial waste permit and a baseline monitoring report as required by 40 CFR, Part 403, Section 403.12(b). Within 180 days after the effective date of the applicable Federal Categorical Standard, any user with an existing industrial waste permit shall submit to the City a baseline monitoring report including the information required by § 340-43.3B(1)(a) through (p) of this article.
D. 
Permit conditions. Industrial waste permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the City. Permits may contain the following requirements:
(1) 
Unit charges or a schedule of user charges and fees for the wastewater to be discharged to the POTW.
(2) 
Effluent limits and requirements, including best management practices (BMP), based on applicable pretreatment standards.
(3) 
Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization.
(4) 
Requirements for installation and maintenance of inspection and sampling facilities.
(5) 
Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, sample types and standards for tests and reporting schedule.
(6) 
Compliance schedules; however, it must be noted that no such compliance schedule shall exempt an industrial user from further enforcement action for failure to meet a compliance date for any applicable federal pretreatment standards.
(7) 
Requirements for submission of technical reports or discharge reports (see § 340-43.3H(1) through (12) of this article).
(8) 
Requirements for maintaining and retaining plant records relating to the wastewater discharge and best management practices as specified by the City, and affording the City or any authorized City representative access thereto.
(9) 
Requirements for prior notification to the City of any changes to the user's operations or system, the introduction of new wastewater constituents, or any substantial change in the volume or character of the wastewater. These requirements also apply to all changes that may have an impact or potential impact on slug discharges.
(10) 
Requirements for control and notification of slug or accidental discharges as per § 340-43.2I(2) of this article and developing and implementing a slug discharge control plan in accordance with the requirements of Section 403.8(f)(1)(v) of 40 CFR, Part 403.
(11) 
Requirements for compliance with all applicable Federal Categorical Pretreatment Standards and reporting requirements.
(12) 
Requirements for submitting to the City all available sampling and monitoring data conducted in accordance with 40 CFR, Part 136 procedures.
(13) 
Requirements for developing and implementing a spill prevention and control plan and use of best management practices (BMPs) to prevent spills or accidental discharges from entering the public sanitary sewerage system.
(14) 
Penalty provisions as provided for under §§ 340-43.6 and 340-43.7 of this article.
(15) 
Requirements for transfer of the industrial waste discharge permit to new owners.
(16) 
Other conditions as deemed appropriate by the City to ensure compliance with this article.
E. 
Permit duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The terms and conditions of the permit may be subject to modification by the City during the term of the permit if the limitations or requirements identified in § 340-43.2 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 the change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
F. 
Permit renewal. A user with a currently effective permit shall submit a new permit application to the City at least 180 days before the expiration date of the existing permit, unless permission for a later date has been granted by the Manager. The terms and conditions of the existing permit shall remain fully effective and enforceable until the effective date of a new permit, provided the permittee has properly submitted a complete application for permit renewal within the specified time period, and the City has not revoked the existing permit or denied the permit renewal in accordance with the provisions of this article.
G. 
Permit transfer. Industrial waste permits are issued to a specific user for a specific operation. A permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the prior written approval of the City. The permittee shall notify the succeeding owner or controller of the existence of this permit by certified letter, a copy of which shall be forwarded to the City, at least 30 days prior to completing any such transfer. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit until such time that a new permit is issued by the City.
H. 
Reporting requirements.
(1) 
All industrial users, whether permitted or not, shall notify the City immediately of any changes to the user's operations or system which might alter the nature, quantity or volume of its wastewater discharges. This notification requirement includes changes that impact the potential for slug discharges or accidental spills by the industrial user.
(2) 
All industrial users shall notify the City within 24 hours of becoming aware of a violation, based on the sampling performed by the industrial user. In addition, the industrial user shall also repeat the sampling and analysis for the pollutant parameter in noncompliance and submit the results of the repeat analysis to the City within 30 days after becoming aware of the violation.
(3) 
Bypass.
(a) 
For purposes of this section, 1) a "bypass" means the intentional diversion of waste streams from any portion of a user's treatment facility; 2) "severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and 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.
(b) 
A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Subsection H(3)(c) and (d) of this section.
(c) 
Notice of bypass.
[1] 
If a user knows in advance of the need for a bypass, it shall submit prior notice to the manager, at least 10 days before the date of the bypass, if possible.
[2] 
A user shall submit oral notice to the manager of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission 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 taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The manager may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
(d) 
Exceptions.
[1] 
Bypass is prohibited, and the manager may take an enforcement action against a user for a bypass, unless:
[a] 
Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
[b] 
There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, 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 submitted notices as required under Subsection H(3)(c) of this section.
[2] 
The manager may approve an anticipated bypass, after considering its adverse effects, if the manager determines that it will meet the three conditions listed in Subsection H(3)(d)[1] of this section.
(4) 
If an industrial user monitors any regulated pollutant more frequently than required, the industrial user must submit the additional data to the City.
(5) 
All industrial users, whether permitted or not, shall promptly notify the City in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted an initial notification under Section 403.12(p) of 40 CFR, Part 403. For the purposes of this requirement, substantial changes include, but are not limited to, flow increases of 10% or greater and the discharge of any previously unreported pollutants. Formal written notification shall be submitted to the City at least 60 days prior to any introduction of any new pollutants so that permit requirements can be established as necessary. The City reserves the right to deny or place conditions on any new or increased contributions to its sewer system.
(6) 
All industrial users, whether permitted or not, shall notify the City, the U.S. EPA, and the Pennsylvania DEP, in writing, of any discharge into the POTW of any substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR, Part 261, in accordance with the requirements of Section 403.12(p) of 40 CFR, Part 403. At a minimum, such notification must include the name of the listed or characteristic hazardous waste, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). The industrial user shall also notify the City, in writing, at least 60 days in advance, of any substantial change in the volume or character of any listed or characteristic hazardous wastes discharged for which the permittee has submitted initial notification under § 340-43.3H(3)(p).
(7) 
Within 180 days after the effective date of any Categorical Pretreatment Standard now or later promulgated by the U.S. EPA, or 180 days after the final administrative decision made upon a category determination submission under 40 CFR Section 403.6(a)(4), whichever is later, any industrial user subject to such Categorical Pretreatment Standards and currently discharging to or scheduled to discharge to the POTW shall be required to submit to the City, a baseline monitoring report containing the information listed in paragraphs (b)(1) through (b)(7) of 40 CFR Section 403.12, and in § 340-43.3B(1)(a) through (p) of this article. At least 90 days prior to commencement of any discharge, new sources, and any sources that become industrial users subsequent to the promulgation of an applicable Categorical Standard, shall be required to submit to the City a baseline monitoring report which contains the information listed in paragraphs (b)(1) through (b)(5) of 40 CFR Section 403.12 and information on the method of pretreatment the source intends to use to meet the applicable pretreatment standards.
(8) 
Within 90 days following the date for final compliance with applicable Categorical Pretreatment Standards or in the case of a new source following commencement of the introduction of wastewater into the POTW, any industrial user subject to pretreatment standards and requirements shall submit to the City a ninety-day compliance report containing the information described in paragraphs (b)(4) through (b)(6) of 40 CFR Section 403.12. For industrial users subject to equivalent mass or concentration limits established by the City, this report shall contain a reasonable measure of the user's long-term production rate. For all other industrial users subject to 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.
(9) 
The baseline monitoring report and ninety-day compliance report that must be submitted by categorical industrial users shall include a statement, reviewed and signed by an authorized representative of the industrial user as defined in this article, and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance and/or additional pretreatment is required for the industrial user to comply with the applicable pretreatment standards and requirements.
(10) 
Any industrial user subject to a Categorical Pretreatment Standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the City, during the months of June and December, unless required more frequently in the pretreatment standard or by the City, a periodic compliance report indicating the nature and concentration of pollutants in the effluent which are limited by such Categorical Pretreatment Standards. In cases where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the user must submit documentation required by the City or the pretreatment standard necessary to determine the compliance standard of the user. In addition, this report shall include a record of measured or estimated average and maximum daily flow during the reporting period. At the discretion of the City and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the City may agree to alter the months during which the above reports must be submitted. For industrial users subject to equivalent mass or concentration limits established by the City, this report shall contain a reasonable measure of the user's long-term production rate. For all other industrial users subject to 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.
(11) 
All noncategorical significant industrial users (SIUs) shall submit to the City at least once every six months (on dates specified by the City), unless required more frequently by the City, a periodic compliance report describing the nature, concentration, and flow of the pollutants discharged to the POTW, and any other information deemed appropriate by the City. In cases where the permit requires compliance with a best management practice or pollution prevention alternative, the user must submit documentation required by the City necessary to determine the compliance status of the user.
(12) 
The baseline monitoring reports, ninety-day compliance reports, and periodic compliance reports from both categorical and noncategorical industrial users shall be based upon sampling and analyses of the discharge, including the flow or production and mass where requested by the City, performed during the period covered by the report. All sampling and analyses shall be representative of normal work cycles or production levels and the expected pollutant discharges to the POTW. All techniques shall be in accordance with the procedures and standards described in 40 CFR, Part 136 and amendments thereto. Where 40 CFR, Part 136 does not include sampling or analytical techniques for the pollutant in question, or where the EPA Administrator determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the City or other persons, approved by the EPA Administrator.
(13) 
All baseline monitoring reports, ninety-day compliance reports, and periodic compliance reports from both categorical and noncategorical industrial users shall be signed by an authorized representative of the industrial user as defined in this article and include 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 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."
I. 
Monitoring facilities.
(1) 
When required by the City, an industrial user shall install a suitable manhole or manholes on his connecting sewer or sewers to facilitate observation, sampling and measurement of the combined flow of wastes from his premises. Alternate monitoring facilities or arrangements may be acceptable to the City under certain conditions and will be considered on a case-by-case basis. Such manhole or manholes shall be accessible and safely located and shall be constructed in accordance with plans approved by the City. The monitoring facilities shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible to the City or its authorized representative at all times.
(2) 
There shall be ample room in or near such sampling manhole or monitoring facility to allow accurate sampling and preparation of samples for analysis. The monitoring facilities that the user is required to install shall be maintained at all times in a safe and proper operating condition at the expense of the user. The failure of the user to keep its monitoring facilities and equipment in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
(a) 
Except as indicated in Subsection I(2)(b) and (c) 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 City. Where time-proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 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 City, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
(b) 
Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
(c) 
For sampling required in support of baseline monitoring and ninety-day compliance reports required in § 340-43.3H(6) and (7), 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 for which historical sampling data are available, the City may authorize a lower minimum. For the reports required by § 340-43.3H(9) and (10) [40 CFR 403.12(e) and 403.12(h)], the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.
(3) 
Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the City's requirements and all applicable local construction standards and specifications. Construction shall be completed within 180 days following written notification by the City.
J. 
Inspection and sampling. The City shall inspect the facilities of any user to ascertain whether the purpose of this article is being met and all requirements are being complied with. Persons or occupants of premises connected to the sewer system shall allow the City or their representative(s) ready access at all reasonable times to all parts of the premises necessary for the purpose of inspection, sampling, records examination (including the right to inspect and copy records) or in the performance of any of their duties. The right of access for inspection shall extend to, but not necessarily be limited to, production areas or other premises where wastewater discharges are generated, chemical storage areas, hazardous waste storage areas, any pretreatment facilities, and any sampling and monitoring equipment or facilities. The City and the approval authority shall have the right to set up, on the user's property, such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards such that upon presentation of suitable identification, personnel from the City, designated representatives of the City, and/or the approval authority will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
K. 
Pretreatment.
(1) 
Users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations. Existing sources shall comply with Categorical Pretreatment Standards within three years of the date the standard is effective, unless a shorter compliance time is specified in the applicable standard. New sources shall install and have in operating condition and shall start up all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge to the POTW. Within the shortest feasible time (not to exceed 90 days), new sources must meet all applicable pretreatment standards.
(2) 
Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review and shall be acceptable to the City before construction of the facility. The review and approval of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the City prior to the user's initiation of the changes.
L. 
Significant noncompliance publication. The City shall annually publish in a newspaper of general circulation that provides meaningful public notice within the jurisdications served by the POTW a list of the industrial users which, at any time during the previous 12 months, were in significant noncompliance (SNC) with applicable pretreatment standards and requirements. For the purposes of this provision, an industrial user is in significant noncompliance if its violation meets one or more of the following criteria:
(1) 
Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in § 340-43.1A.
(2) 
Technical review criteria (TRC) violations, defined here as those in which 33% or more of all measurements for each pollutant parameter taken during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement, including instantaneous limits, daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease and TRC = 1.2 for all other pollutants except pH).
(3) 
Any other violation of a pretreatment standard or requirement as defined in § 340-43.1A (daily maximum, long-term average, instantaneous limit, or narrative standard) that the City 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 a pollutant that has caused imminent endangerment to human health, welfare, or to the environment or has resulted in the City's exercise of its emergency authority under Section 403.8(f)(1)(vi)(B) of 40 CFR, Part 403, or § 340-43.6A(1) of this article to halt or prevent such discharge.
(5) 
Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance.
(6) 
Failure to provide, within 45 days after the due date, any required reports such as baseline monitoring reports, reports on compliance with Categorical Pretreatment Standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules.
(7) 
Failure to accurately report noncompliance.
(8) 
Any other violation or group of violations which may include a violation of best management practices, which the City determines will adversely affect the operation or implementation of the local pretreatment program.
M. 
Confidential information.
(1) 
All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or Pennsylvania DEP upon request.
(2) 
Information and data on a user obtained from reports, questionnaires, permit applications, permits, and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets of the user.
(3) 
When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the general public but shall be made available upon written request to governmental agencies for uses related to this article, the National Pollutant Discharge Elimination System (NPDES) Permit, and/or the State Disposal System; 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, characteristics and other effluent data, as defined at 40 CFR 2.302, shall not be recognized as confidential information and shall be available to the public without restriction.
N. 
Records retention. Users subject to the reporting requirements of this article shall retain, preserve, and make available for inspection and copying, any record books, documents, memoranda, reports, correspondence, documentation associated with best management practices and any and all summaries thereof, relating to monitoring, sampling, and chemical analyses made by or in behalf of a user in connection with its discharge. Records shall include the date, exact place, method, and time of sampling and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or City, or where the user has been specifically notified of a longer retention period by the Superintendent.
A. 
Purpose. The purpose of this Article is to provide for the recovery of costs from industrial users of the City's wastewater disposal system for the implementation of the pretreatment program established herein. The applicable charges or fees shall be set forth in the City's Schedule of Charges and Fees.
B. 
Charges and fees.
(1) 
The City may adopt charges and fees which may include:
(a) 
Fees for reimbursement of the costs of setting up and operating the City's pretreatment program.
(b) 
Fees for compliance monitoring, inspections, and surveillance procedures.
(c) 
Fees for reviewing accidental discharge procedures and construction.
(d) 
Fees for permit applications.
(e) 
Fees for filing appeals.
(f) 
Fees for consistent removal (by the City's POTW) of pollutants otherwise subject to federal pretreatment standards.
(g) 
Other fees as the City may deem necessary to carry out the requirements contained herein.
(2) 
These fees relate solely to the matters covered by this article and are separate from all other fees chargeable by the City under Chapter 18 of the Code of Ordinances,[1] as amended, including the industrial waste surcharge provisions of § 340-43.5.
[1]
Editor's Note: See now Ch. 340, Sewers and Sewage Disposal.
A. 
General. Although the sewage treatment works are capable of treating certain abnormal industrial wastes, as heretofore defined in § 340-43.1 of these rules and regulations, the actual treatment of such wastes will increase the cost of operating and maintaining the public sanitary sewerage system. Therefore, there is hereby imposed upon each person discharging such abnormal industrial waste into the public sanitary sewerage system a surcharge, or surcharges, which are intended to cover such additional cost. Such surcharges shall be in addition to the regular sewage collection, transportation, and treatment charges set forth in the prevailing sewer rate of the General Sewer Use Ordinance, and shall be payable as hereinafter provided in the amount hereinafter provided.
B. 
Surcharge sampling. The strength of any industrial waste, the discharge of which is to be subject to surcharge, shall be determined monthly, or more frequently if the City deems necessary, from samples taken either at the manhole or any other sampling point mutually agreed upon by the City and the producer of such waste. The frequency and duration of the sampling period shall be such as, in the opinion of the City, will permit a reasonably reliable determination of the average composition of such waste, exclusive of stormwater runoff. Samples shall be collected or their collection supervised by a representative of the City and shall be in proportion to the flow of waste, exclusive of stormwater runoff, and composited for analysis in accordance with the current edition of "Standard Methods for the Examination of Water and Wastewater." Except as hereinafter provided, the strength of the waste so found by analysis shall be used for establishing the surcharge or surcharges. However, the City may, if it so elects, accept the results of routine sampling and analyses by the producer of such wastes in lieu of making its own samplings and analyses.
C. 
BOD surcharge rate.
(1) 
In the event any industrial waste is found by the City to have a BOD5 in excess of 300 milligrams per liter, the producer of said waste shall be surcharged an amount equal to the product of the actual volume of wastes in thousand gallons per billing period, exclusive of stormwater runoff, discharged to the public sanitary sewerage system and the BOD surcharge rate. The BOD surcharge rate shall be determined by the following formula:
Rc
=
0.00834 x P x (C-300)
Where Rc
=
the BOD surcharge rate in cents per 1,000 gallons of waste discharged.
P
=
the average annual fixed, operating and maintenance cost of secondary treatment processes per pound of BOD received at the treatment works. P=36 cents per pound BOD.
C
=
the average BOD5 of the industrial waste expressed in milligrams per liter as determined in accordance with § 340-43.5B of this article.
(2) 
The figure 300 appearing in the above formula corresponds to the maximum BOD5 permissible without surcharge. The figure 0.00834 is the factor to convert milligrams per liter to pounds per 1,000 gallons. No discount will be permitted for sewage or industrial wastes having a BOD5 of less than 300 milligrams per liter.
D. 
Suspended solids surcharge rate.
(1) 
In the event any industrial waste is found by the City to have an average suspended solids concentration in excess of 300 milligrams per liter, the producer of such waste shall be surcharged an amount equal to the product of the actual volume of wastes in thousand gallons per billing period, exclusive of stormwater runoff, discharged to the public sanitary sewerage system and the suspended solids surcharge rate. The suspended solids surcharge rate shall be determined by the following formula:
Rs
=
0.00834 x B x (S - 300)
Where Rs
=
the suspended solids surcharge rate in cents per 1,000 gallons of waste discharged.
B
=
the average annual fixed, operating and maintenance cost of the sludge digestion, sludge drying and sludge disposal operations per pound of suspended solids received at the treatment works. B=16 cents per pound of suspended solids.
S
=
the average suspended solids concentration of the abnormal industrial waste expressed in milligrams per liter as determined in accordance with § 340-43.5B of this article.
(2) 
The figure 300 appearing in the above formula corresponds to the maximum suspended solids concentration permissible without surcharge. The figure 0.00834 is the factor to convert milligrams per liter to pounds per 1,000 gallons. No discount will be permitted for sewage or industrial wastes having a suspended solids concentration of less than 300 milligrams per liter.
(3) 
The surcharges provided for in this section shall be added to the regular sewerage service charge and any other industrial user charges imposed by the City under the prevailing sewer rate of this article. The surcharges shall be due at the same time and subject to the same late payment penalties and delinquency remedies established by the City for regular sewerage service charges.
In order to ensure efficient, effective, and consistent enforcement of its pretreatment program, the City may take any of the actions below in accordance with the City's pretreatment enforcement response plan last modified in 2015 and any subsequent revisions.
A. 
Emergency action powers.
(1) 
The Manager of the City may, upon informal notice to an industrial user, order the user to immediately halt or prevent a discharge to the POTW which, in the opinion of the Manager, reasonably appears to present an imminent endangerment to the health or welfare of persons. For the purpose of this subsection, informal notice to an industrial user may be issued by a telephone call, an on-site inspection/visit, a cease and desist order, or any combination of these methods.
(2) 
In the event that an industrial user should fail to voluntarily comply with an emergency order to immediately halt or prevent a discharge to the POTW, the Manager shall take whatever action deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW or the endangerment of any individuals. The costs associated with any such emergency action shall be assessed to the industrial user, and the City shall not be responsible for any damages, including loss of income, as a result of such emergency action.
(3) 
The City shall authorize permission to resume a discharge that has been halted under the emergency action provisions of § 340-43.6A upon satisfactory proof that the imminent danger has been eliminated. Within 25 days after the date of any such emergency action, the industrial user shall submit to the City a detailed written statement describing the cause or causes of the harmful contribution that necessitated the emergency action and the measures that will be taken to prevent any future occurrence of the incident.
B. 
Revocation of permit.
(1) 
The conditions and requirements of this article are applicable to all users connected to the system. The conditions and requirements of this article shall be incorporated into the user's permit either expressly or by reference. The permittee has a duty to comply with all of the conditions of this article. Any noncompliance constitutes a violation of this article and is subject to appropriate enforcement action including, but not limited to, permit revocation or denial of a permit renewal application.
(2) 
The City may revoke an industrial user's permit and suspend wastewater treatment service, or deny a permit renewal application, for any of the following causes:
(a) 
Determination by the City that the discharge presents or may present an endangerment to the environment or which threatens to interfere with the operation of the POTW.
(b) 
Failure of the user to disclose fully all relevant facts during the permit application or issuance process, or the user's misrepresentation of any relevant facts at any time.
(c) 
Falsifying monitoring or compliance reports or tampering with or knowingly rendering inaccurate any monitoring device or method required to be maintained under the user's permit.
(d) 
Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring.
(e) 
Willful and knowing failure to comply with any conditions of the user's permit or this article.
(3) 
In the event of a nonemergency situation, where the City has determined that a user's discharge presents or may present a threat to the environment or the operation of the POTW, or where revocation of a user's industrial waste permit is warranted as an enforcement action, the City shall, after formal written notification to the affected user and provision of ample opportunity for the user to respond, require the user to halt or prevent the discharge.
C. 
Notification of violation.
(1) 
Except in cases of emergency situations subject to the provisions of § 340-43.6A of this article, whenever the City determines that an industrial user has violated or is violating any prohibitions, limitations, or requirements of the user's permit or this article, the City may issue by certified mail a formal written notification stating the nature of the violation. Within 30 days after the receipt of the notification of violation the user shall correct the deficiency or violation, or submit to the City a proposed corrective action plan and schedule for correcting the violation. However, all violations result in immediate liability, and the City may seek such penalties and/or take other enforcement action as it deems necessary during this response period.
(2) 
In the case of procedural violations, an industrial user may correct the violation by fulfilling the duties or requirements that are deficient. The City shall review the corrective action taken by the user to determine whether or not the violation has been adequately corrected. Failure to correct a violation within a reasonable time period may result in further enforcement action.
(3) 
In the case of discharge violations, the industrial user may correct the violation by process modifications or implementing appropriate pretreatment technology. The City shall review the proposed corrective action plan and schedule submitted by the user to determine whether or not the plan is adequate to correct the violation and consistent with the objectives of any applicable federal pretreatment standards and the general pretreatment regulations. The City may require modifications to the plan and schedule, including the submission of interim progress reports, to verify correction of the violation within an appropriate compliance schedule. The City may modify the user's permit to incorporate a reasonable schedule of compliance to implement an acceptable corrective action plan. In no case will any such compliance schedule exempt a user from further enforcement action by the City for the discharge violations or from enforcement action for failure to meet a compliance date in any applicable federal pretreatment standards.
D. 
Notification of enforcement action.
(1) 
Except in the case of emergency situations subject to the provisions of § 340-43.6A of this article, whenever the City deems it necessary to take enforcement action, including revocation of the user's permit, under the provisions of this article, the City may issue the affected user a formal written notification of the proposed enforcement action by certified mail. Such notice shall state the basis for the proposed action and the reasons for the City's tentative action.
(2) 
The industrial user shall be afforded a minimum period of 30 days within which to comment on the proposed action and to submit to the City a written request for a meeting with the City to appeal the proposed action. All requests for an appeal meeting shall clearly state the specific action or provision(s) of the proposed action that is being appealed and the grounds upon which the appeal is based. Any supporting evidence that is relevant to the appeal must also be submitted with the request for appeal. The City may deny the appeal request on the basis of insufficient grounds or may schedule a meeting for the user to present the appeal to the City. As soon as practicable after the conclusion of the review period or the appeal meeting, the City shall issue, to the user, a formal written notification of the intended enforcement action and their conclusions. It must also be noted that all violations result in immediate liability, and the City may seek such penalties and/or take other enforcement action as it deems necessary during the thirty-day response period.
E. 
Consent orders. The City is hereby empowered to enter into consent orders, assurance of voluntary compliance, or other similar documents establishing an agreement with the industrial user responsible for the noncompliance. Such orders will include specific action to be taken by the industrial user to correct the noncompliance within a time period also specified in the order. In no case will any such order exempt a user from further enforcement action for failure to meet a compliance date in any applicable federal pretreatment standards.
F. 
Upset provisions. Under the conditions specified in Section 403.16 of the Federal General Pretreatment Regulations for Existing and new sources of Pollution (40 CFR, Part 403), an upset shall constitute an affirmative defense to an enforcement action for noncompliance with either Federal Categorical Standards. Any industrial user seeking to establish the occurrence of an upset shall have the burden of proof to demonstrate that the conditions necessary for an upset according to the general pretreatment regulations have been met.
G. 
Show cause hearing.
(1) 
In certain cases, such as those involving revocation of a user's permit, the City may order a user to show cause before the City 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 City 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 City 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.
(2) 
The City may itself conduct the hearing and take evidence or may designate any of its members, or in conjunction with the affected user, the City may designate an arbitrator or board of arbitration to:
(a) 
Issue in the name of the City notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
(b) 
Take the evidence;
(c) 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the City for action thereon.
(3) 
At any hearing held pursuant to this article, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.
(4) 
After the City 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 and are properly operated. Further orders and directives as are necessary and appropriate may be issued.
H. 
Injunctive relief. When the City finds that a user has violated or continues to violate any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the City may petition the court of jurisdiction through its solicitor for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of this wastewater discharge permit, order, or other requirement imposed by this article on activities of the user.
I. 
Compliance orders. When the City finds that an industrial user has violated or continues to violate this article, or a permit, or order issued thereunder, the City may issue a compliance order to the industrial user responsible for the discharge directing that following a specified time period, sewer service facilities, devices, or other related appurtenances have been installed and are properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring, and management practices.
J. 
Cease-and-desist orders. When the City finds an industrial user has violated or continues to violate this article or any permit or order issued hereunder, the City may issue an order to cease and desist all such violations and direct the industrial user in noncompliance to:
(1) 
Comply forthwith.
(2) 
Take such appropriate remedial or preventative actions needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.
A. 
Criminal penalties.
(1) 
Any person who is found to have violated an order of the City Manager or City, or who fails to comply with any provision of this article, or the orders, rules, regulations, and permits issued hereunder by the City Manager or City, shall upon conviction be subject to pay a fine of not more than $1,000 and the costs of prosecution, and in default of payment of fine and costs, to undergo imprisonment for not more than 30 days, for each and every offense. Each day's continuation of a violation shall constitute a separate offense. In addition to the penalties recommended herein, the City shall be able to recover court costs, court reporter's fees, and any other expense of litigation by appropriate suit at law against the person found to have violated the provisions of this article.
(2) 
Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan, or other document filed or required to be maintained under the industrial waste discharge provisions of this article, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article shall upon conviction be subject to pay a fine of not more than $1,000 and costs of prosecution, and in default of payment of fine and costs, to undergo imprisonment for not more than 30 days, for each and every offense. In addition to the penalties recommended herein, the City shall be able to recover court costs, court reporter's fees, and any other expense of litigation by appropriate suit at law against the person found to have violated the provisions of the City.
B. 
Recovery of damages and/or costs.
(1) 
Any person violating any of the provisions of this article or who discharges or causes a discharge which produces a deposit or obstruction or otherwise causes damage to or impairs the operation of the public sanitary sewerage system shall be liable to the City for any expenses, losses, or damages caused by such violation or discharge. The City shall bill the user for the costs incurred by the City for any cleaning, repair, or replacement work caused by the violation or discharge. Refusal to pay the assessed costs shall constitute a violation of this article and shall be subject to further enforcement action and penalties according to the provisions of this article.
C. 
Civil penalties.
(1) 
Any industrial user who has violated or continues to violate this article or any order or permit issued hereunder shall be liable to the City for a civil penalty of not more than $1,000, plus actual damages incurred by the City per violation per day for as long as the violation continues. In addition to the above-described penalty and damages, the City may recover reasonable attorney's fees, court costs, and other expenses associated with the enforcement activities, including, but not limited to, sampling and monitoring expenses.
(2) 
The City shall petition the court of jurisdiction to impose, assess, and recover such sums. In determining the amount of liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the industrial user's violation, corrective actions by the industrial user, the compliance history of the user, and any other factors as justice permits.
D. 
Delinquencies and remedies.
(1) 
Each sewerage service charge, additional charge, surcharge and penalty imposed by this article, together with interest at a rate of 12% per annum from the expiration of 30 days after the date upon which it shall become due, shall be a debt due the City and shall be a lien on the property served, and if not paid within 30 days after it shall become due, shall be deemed delinquent. In such event, the City may proceed to file a lien in the office of the Prothonotary of Clearfield County, Pennsylvania, and collect the same in the manner provided by law for the filing and collection of municipal claims.
(2) 
In the event of failure to pay any sewerage service charge, additional charge, surcharge, or penalty after they become delinquent, as herein provided, the City shall be authorized to remove or close the sewer service connection and shall have the right to enter upon the property serviced for such purpose and to take such steps as may be necessary to accomplish such removal or closing. The expense of restoring any such service, shall likewise be a debt due the City and a lien on the property served and may be filed and collected as hereinabove provided. Such sewage service connection shall not again be turned on or the sewage service restored until all sewage service charges, additional charges, surcharges, and penalties, including the expense of removal, closing, and restoration, shall have been paid or adequate provisions for their payment shall have been made.
(3) 
Change of ownership or occupancy of any property served by the public sanitary sewerage system as to which the sewer service charge, additional charge, surcharge or penalty imposed by this article is delinquent, as provided in § 340-43.6B hereof, shall not be cause for reducing or eliminating the rights and remedies of the City set forth in this article.
A. 
If another municipality, or user located within another municipality, contributes wastewater to the POTW, the Manager shall enter into an intermunicipal agreement with the contributing municipality.
B. 
Prior to entering into an agreement required by Subsection A, above, the Manager shall request the following information from the contributing municipality:
(1) 
A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;
(2) 
An inventory of all users located within the contributing municipality that are discharging to the POTW; and
(3) 
Such other information as the manager may deem necessary.
C. 
An intermunicipal agreement, as required by Subsection A, above, shall contain the following conditions:
(1) 
A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this article and local limits which are at least as stringent as those set out in § 340-43.2 of this article. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the City's ordinance or local limits;
(2) 
A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;
(3) 
A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the Manager; and which of these activities will be conducted jointly by the contributing municipality and the Manager;
(4) 
A requirement for the contributing municipality to provide the Manager with access to all information that the contributing municipality obtains as part of its pretreatment activities;
(5) 
Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the POTW;
(6) 
Requirements for monitoring the contributing municipality's discharge;
(7) 
A provision ensuring the Manager access to the facilities of users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the manager; and
(8) 
A provision specifying remedies available for breach of the terms of the intermunicipal agreement.