Borough of West Chester, PA Chapter 89 Sewers

[HISTORY: Adopted by the Council of the Borough of West Chester as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction — See Ch. 43.

Garbage, rubbish and refuse — See Ch. 62.

Housing and property maintenance — See Ch. 66.

Plumbing — See Ch. 82.

Streets and sidewalks — See Ch. 95.

Trees — See Ch. 102.

Article I Sewer Use and Rental

[Adopted 12-8-1954; amended in its entirety 10-21-1992 by Ord. No. 18-1992]

§ 89-1 Definitions.

Unless the context specifically indicates otherwise, the meanings of terms used in this article shall be as follows:

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 Director in an NPDES state with an approved state pretreatment program and the Administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program. The EPA is the approval authority.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER or AUTHORIZED REPRESENTATIVE

An authorized representative of an industrial user may be:

[Amended 2-20-2008 by Ord. No. 4-2008]

A. A principal executive officer of at least the level of Vice President, if the industrial user is a corporation.

B. A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively.

C. A principal executive officer of a government-owned or operated industrial user.

D. A duly authorized representative of the individual designated above or any governmental entity, if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.

BEST MANAGEMENT PRACTICES or BMPs

Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 304.5(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. BMPs also include alternative means of complying with, or in place of certain established categorical pretreatment standards and effluent limits.

[Added 2-20-2008 by Ord. No. 4-2008]

BOD (BIOCHEMICAL OXYGEN DEMAND)

The quantity of oxygen, expressed in parts per million by weight, utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five days at 20º C. The standard laboratory procedure shall be that found in the latest edition of Standard Methods for the Examination of Water and Sewage, published by the American Public Health Association.

BOROUGH

The Borough of West Chester, Pennsylvania.

[Added 2-20-2008 by Ord. No. 4-2008]

BUILDING SEWER

A sewer conveying wastewater from the premises of a user to the POTW.

CATEGORICAL INDUSTRIAL USER

An industrial user subject to a categorical pretreatment standard or categorical standard.

[Added 2-20-2008 by Ord. No. 4-2008]

CATEGORICAL STANDARDS

National categorical pretreatment standards or pretreatment standard.

CHEMICAL OXYGEN DEMAND

A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.

[Added 2-20-2008 by Ord. No. 4-2008]

COLOR

The optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent transmittance is equivalent to zero optical density.

COMPOSITE SAMPLE

The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.

CONTROL AUTHORITY

The Borough.

[Amended 2-20-2008 by Ord. No. 4-2008]

COOLING WATER

The water discharged from any use, such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

DAILY MAXIMUM

The arithmetic average of all effluent samples for a pollutant collected during a calendar year.

[Added 2-20-2008 by Ord. No. 4-2008]

DAILY MAXIMUM LIMIT

The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

[Added 2-20-2008 by Ord. No. 4-2008]

DIRECT DISCHARGE or DISCHARGE

The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Pennsylvania.

[Amended 2-20-2008 by Ord. No. 4-2008]

DISCHARGER

Any person who conveys wastewater into the POTW's collection system.

DWELLING

A building or portion of a building used for human habitation by a family.

DWELLING, APARTMENT

One or more rooms for living purposes, together with enclosed, separate cooking and sanitary facilities. Such a unit is accessible from the outdoors either directly or through an entrance hall shared with other dwelling units and is used and intended to be used by one or more persons living together and maintaining a common household.

DWELLING, MULTIPLE

A building designed and occupied as a residence for two or more families, with one or more families living wholly or partly over the other.

DWELLING, SINGLE-FAMILY

A building designed and occupied exclusively as a residence for one family.

DWELLING, TWO-FAMILY

A building designed and occupied as a residence for two families, with one family living wholly or partly over the other.

DWELLING UNIT

A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

ENVIRONMENTAL PROTECTION AGENCY or EPA

The United States 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.

EQUIVALENT DWELLING UNIT

Any dwelling or dwelling unit. In the case of nonresidential establishments, an equivalent dwelling unit shall be computed by the Borough on the basis of one equivalent dwelling unit for each 239 gallons of water consumed per day or 239 gallons of water per day discharged to the sewer system, as applicable; the daily consumption or discharge to be determined by metering or calculating the estimated consumption or discharge using standard engineering data and procedures.

[Amended 3-16-2005 by Ord. No. 7-2005]

EXISTING SOURCE

Any source or discharge that is not a new source.

[Amended 2-20-2008 by Ord. No. 4-2008]

GARBAGE

Solid waste from the preparation of 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 on a one-time basis, with no regard to the flow in the waste stream and without consideration of time.

GROUNDWATER

Waters conveyed from an underground aquifer which do not contain pollutants. This does not include groundwater from remediation sites which is treated prior to discharge to the collection system.

HOLDING TANK WASTE

Any waste from holding tanks, such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump trucks.

INDIRECT DISCHARGE or DISCHARGE

The introduction of pollutants into the POTW from any nondomestic source.

[Amended 2-20-2008 by Ord. No. 4-2008]

INDUSTRIAL ESTABLISHMENT

Any structure intending to be used wholly or in part for the manufacturing, fabricating, processing, cleaning, laundering or assembly of any product, commodity or article.

INDUSTRIAL USER

A user of direct or indirect discharge.

[Amended 2-20-2008 by Ord. No. 4-2008]

INDUSTRIAL WASTES

Any solid, liquid or gaseous substance or form of energy rejected or escaping from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources, as distinct from sanitary sewage.

INSTANTANEOUS LIMIT

The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

[Added 2-20-2008 by Ord. No. 4-2008]

INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT

The maximum concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.

INTERFERENCE

A discharge which alone or in conjunction with a discharge or discharges from other sources inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal and therefore is a cause of a violation of the Borough's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder: Section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA), including Title II, commonly referred to as the "Resource Conservation and Recovery Act (RCRA)"; any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act.

LOCAL LIMIT

Specific discharge limits developed and enforced by the Borough upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).

[Added 2-20-2008 by Ord. No. 4-2008]

MEDICAL WASTE

Isolation wastes, infectious agents, human blood and blood by-products, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.[1]

MONTHLY AVERAGE

The sum of all daily discharges measured during a calendar month derived by the number of daily discharges measured during that month.

[Added 2-20-2008 by Ord. No. 4-2008]

NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD

Any regulation developed under the authority of Section 307(b) of the Act and 40 CFR 403.5.

NATURAL OUTLET

Any outlet into a watercourse, ditch, pond, lake or other body of surface or ground water.

NEW SOURCE

Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act, which standards 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;

B. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source;

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 generating processes are substantially independent of an existing source at the same site, 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 type of activity as the existing source should be considered;

D. Construction on a site at which an existing source is located results in a modification rather than a new source, if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsections A and B above, but otherwise alters, replaces or adds to the existing process or production equipment; or

E. Construction of a "new source" as defined under this definition has commenced if the owner or operator has begun or caused to begin as a part of a continuous on-site construction program any placement, assembly or installation of facilities or equipment; or significant site preparation work, including clearing, 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 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 subsection.

NONCONTACT COOLING WATER

Water used for cooling which does not come into direct contact with any raw material intermediate product, waste product or finished product.

NONSIGNIFICANT INDUSTRIAL USER

Any industrial or commercial user of the Borough's wastewater disposal system who is not included in the definition of "significant industrial user" but still has the potential of interfering with the operation of the Borough's collection system or treatment plant.

OWNER

The person who owns the real property discharging wastewater as indicated on the tax duplicate issued by the Office of Tax Assessment of Chester County.

[Added 6-21-2023 by Ord. No. 08-2023]

PASS-THROUGH

A discharge which exits the POTW into waters of the United States in quantities and concentration 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 and the singular shall include the plural where indicated by the context.

pH

A measure of the acidity or alkalinity of a solution, expressed in standard units.

[Amended 2-20-2008 by Ord. No. 4-2008]

POLLUTANT

Any dredged soil, solid waste, incinerator residue, sewage, garbage, filter backwash, medical wastes, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal and agricultural waste discharged into water and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

[Added 2-20-2008 by Ord. No. 4-2008]

POLLUTION

The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

POTW TREATMENT PLANT

That portion of the POTW designed to provide treatment to wastewater.

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.

PRETREATMENT STANDARD OR STANDARDS

Prohibitive discharge standards, categorical pretreatment standards and local limits.

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 by other means, except as prohibited by the Federal Water Pollution Control Act.

PUBLICLY OWNED TREATMENT WORKS (POTW)

A treatment works as defined by Section 212 of the Federal Water Pollution Control Act, 33 U.S.C. § 1292, which is owned in this instance by the Borough of West Chester. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this article, "POTW" shall also include any sewers that convey wastewaters to the "POTW" from persons outside the Borough of West Chester who are, by contract or agreement with the Borough of West Chester, users of the Borough's "POTW."

SANITARY SEWAGE

The normal water-carried household and toilet wastes from residences, business buildings, institutions and commercial and industrial establishments.

SANITARY SEWER

A sewer which carries sanitary sewage and/or industrial wastes and to which stormwater, surface water and ground waters are not intentionally admitted.

[Amended 2-20-2008 by Ord. No. 4-2008]

SEPTIC TANK WASTE

Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

[Added 2-20-2008 by Ord. No. 4-2008]

SEWAGE

Any combination of water-carried wastes from residences, buildings, industrial establishments, institutions, manufacturing plants, processing plants, commercial establishments or other places in which such wastes are produced, together with such groundwater, surface water, stormwater or other water as may be present. Also includes human excrement and gray water (household showers, dishwashing operations, etc.)

[Amended 2-20-2008 by Ord. No. 4-2008]

SEWER

A pipe or conduit for carrying sewage.

SEWER MAIN

Sewer pipes and related facilities owned by the Borough located in public streets or rights-of-way that convey wastewater from multiple persons or properties to the POTW treatment plant for treatment.

[Added 6-21-2023 by Ord. No. 08-2023]

SEWER SYSTEM

All facilities for collecting, treating and disposing of sewage.

SIGNIFICANT INDUSTRIAL USER (SIU)

[Amended 2-20-2008 by Ord. No. 4-2008]

A. Any discharger subject to National Categorical Pretreatment Standards;

B. Any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) to the POTW or that contributes a process waste stream which makes up 5% or more of the average dry-weather hydraulic or organic capacity of the POTW treatment plant; or

C. Any other industrial user that is designated as such by the control authority on the basis that the industrial user has a potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

SLUG LOAD

Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 89-2A of this article or 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.

[Amended 2-20-2008 by Ord. No. 4-2008]

SUSPENDED SOLIDS

The total suspended matter that floats on the surface of or is suspended in water, wastewater or other liquid and which is removable by laboratory filtering.

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

A classification pursuant to Standard Industrial Classification Manual, issued by the Executive Office of the President, Office of Management and Budget, 1987.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting therefrom.

SUPERINTENDENT

The person designated by the Borough to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this article, or his duly authorized representative.

TOTAL SUSPENDED SOLIDS or SUSPENDED SOLIDS

The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.

[Added 2-20-2008 by Ord. No. 4-2008]

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 Clean Water Act 307(a) or other acts.

TOXIC SUBSTANCE

Any poisonous substance.

TREATMENT PLANT EFFLUENT

Any discharge of pollutants from the POTW into waters of the commonwealth.

USER

Any person who contributes, causes or permits the contribution of wastewater into the Borough's POTW.

WASTEWATER

The liquid and water-carried industrial or domestic wastes and sewage from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water and storm water that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.

[Amended 2-20-2008 by Ord. No. 4-2008]

WASTEWATER TREATMENT PLANT or TREATMENT PLANT

That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

[Added 2-20-2008 by Ord. No. 4-2008]

WATERS OF THE STATE

All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portion thereof.

[1] Editor's Note: The former definition of "National Categorical Pretreatment Standard" or "pretreatment standard," which immediately followed this definition, was repealed 2-20-2008 by Ord. No. 4-2008.

§ 89-1.1 Unlawful acts; connection to public sewer required; tapping fee.

A. It shall be unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the Borough, or in any area under the jurisdiction of the Borough, human or animal excrement, garbage or other objectionable waste.

B. It shall be unlawful to discharge sanitary sewage into any natural outlet within the Borough or to discharge industrial waste or other polluted water into said outlets unless the person doing so is operating with the approval of, or under a permit issued by the Pennsylvania Department of Environmental Resources.

C. It shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other receptacle intended or used for the disposal of sewage within the limits of the sewered area of the Borough.

D. Any person who violates provisions of Subsection A, B or C above shall be deemed and shall be declared to be erecting, constructing and maintaining a nuisance, which nuisance the Borough is hereby authorized and directed to abate in the manner provided by law.

E. Each owner of any dwelling unit, building or property used for human occupancy, employment, recreation or other purposes, situated in the Borough and abutting on any street, alley or right-of-way in which there has been constructed a sanitary sewer operated by the Borough and the principal building can be connected to and served by the sanitary sewer with a gravity feed line, shall, at his own expense, install suitable sanitary facilities therein and connect such facilities and/or industrial waste outlets directly with the sanitary sewer operated by the Borough in accordance with the provisions of this article within 60 days after the date of official notice to do so given by the Borough. In the event that any owner of property shall refuse or neglect to connect with such sewer system within said sixty-day period, the Council of the Borough or its agents may enter upon such property and construct such connection. In such case, the Council shall forthwith, upon completion of the work, send an itemized bill of the cost of the construction of such connection to the owner of the property to which connection has been so made, which bill shall be payable forthwith. In case of neglect or refusal by the owner of such property to pay said bill, it shall be the duty of the Council to file a municipal lien for said construction of said connection, the same to be subject in all respects to the general law provided for the filing and recovery of municipal liens. Such private sanitary facilities may not be connected to the sanitary sewer operated by the Borough until the owner of the premises has received a sewer permit from the Borough as set forth in § 89-1.1F below; provided, however, that the Council or its agents may construct such a connection under this subsection, even though the owner of the premises has not received such sewer permit.

F. Each owner of any premises as set forth in § 89-1.1E above, shall make application in writing to the Borough for a permit to make the required connection to the public sanitary sewer. Such application shall set forth the name of the owner or owners, the location of the lot, including the street and number and a description thereof, together with a plan of said premises showing the proposed connection and the sanitary facilities, and shall agree to pay all lawful charges for sewage service to the premises. Each applicant shall, at the time of making application, pay the requisite tapping fee as hereinafter set forth. Upon presentation of the application and payment of a tapping fee set forth in § 89-1.1G, the applicant shall be entitled to a permit to make such connection.

G. The tapping fee for each connection shall be computed based on the following schedule:

[Amended 3-16-2005 by Ord. No. 7-2005; 8-16-2022 by Ord. No. 07-2022]

(1) Single-family dwelling: $5,115.83.

(2) Multiple dwelling: $5,115.83 per dwelling unit to be served by the connection.

(3) Two-family dwelling: $5,115.83 per dwelling unit to be served by the connection.

(4) Apartment: $5,115.83 per apartment unit to be served by the connection.

(5) Commercial and/or industrial use: $5,115.83 per equivalent dwelling unit to be served by the connection. In the case of new commercial or industrial construction, the tapping fee shall initially be calculated on the basis of the estimated consumption or discharge into the sewer. After the first year, such tapping fee shall be subject to adjustment based on actual consumption or discharge into the sewer. In making these calculations, any fraction of an equivalent dwelling unit shall be rounded off to the next highest equivalent dwelling unit.

H. All connections made to any public sanitary sewer of the Borough shall be constructed in compliance with standard rules and regulations heretofore or hereafter adopted by the Borough governing the making of connections.

§ 89-2 Discharge standards; limitations.

A. Prohibited discharge standards.

(1) No industrial user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass-through or interference. These general prohibitions apply to all industrial users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state or local pretreatment standards or requirement. Furthermore, no industrial user may contribute the following substances to the POTW:

(a) Pollutants which create a fire or explosive hazard in the municipal wastewater collection and POTW, including but not limited to the waste streams with a closed-up flash point of less than 140º F. (60º C.) using the test methods specified in 40 CFR 261.21.

(b) Any wastewater having a pH less than five or more than 10 or otherwise causing corrosive structural damage to the POTW or equipment or endangering Borough personnel.

[Amended 2-20-2008 by Ord. No. 4-2008]

(c) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference, but in no case solids greater than one-half (1/2) inch.

(d) Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with either the POTW or any wastewater treatment or sludge process or which will constitute a hazard to humans or animals.

[Amended 2-20-2008 by Ord. No. 4-2008]

(e) Wastewater having a temperature greater than 104° F. (40° C.), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104° F. (40° C.).

[Amended 2-20-2008 by Ord. No. 4-2008]

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

(g) Any pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems.

(h) Any trucked or hauled pollutants, except at discharge points designated by the Borough in accordance with § 89-3E.

(i) Any noxious or malodorous liquids, gases, solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance, a hazard to life or to prevent entry into the sewers for maintenance and repair.

(j) Any wastewater which imparts color which cannot be removed by the treatment process, such as but not limited to dye wastes and vegetable tanning solutions which consequently impart color to the treatment plant's effluent, thereby violating the Borough's NPDES permit. Color (in combination with turbidity) shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than 10% from the seasonably established norm for aquatic life.

(k) Any wastewater containing any radioactive wastes or isotopes except as specifically approved by the Superintendent in compliance with applicable state or federal regulations.

(l) Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water and unpolluted industrial wastewater, unless specifically authorized by the Superintendent.

(m) Any sludges, screenings or other residues from the pretreatment of industrial wastes.

(n) Any medical wastes, except as specifically authorized by the Superintendent in a wastewater discharge permit.

(o) Any wastewater causing the treatment plant's effluent to fail a toxicity test.

(p) Any wastes containing detergents, surface active agents or other substances which may cause excessive foaming in the POTW.

(q) Any discharge of fats, oils or greases of animal or vegetable origin in concentrations greater than 100 milligrams per liter, not to exceed a daily average of 15 milligrams per liter.

[Amended 2-20-2008 by Ord. No. 4-2008]

(r) Wastewater causing two readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than 5% or any single reading over 10% of the lower explosive limit of the meter.

[Added 2-20-2008 by Ord. No. 4-2008]

(2) Wastes prohibited by this subsection shall not be processed or stored in such a manner that they could be discharged to the POTW. All floor drains located in process or materials storage areas must discharge to the industrial user's pretreatment facility before connecting with the POTW.

B. Federal Categorical Pretreatment Standards. The National Categorical Pretreatment Standards found at 40 CFR Chapter I, Subchapter N, Parts 405 to 471, are hereby incorporated.

C. Specific pollutant limitations.

(1) The following pollutant limits are established to protect against pass-through and interference at the Goose Creek Treatment Facility. No person shall discharge wastewater containing in excess of the following limitations based on a thirty-day monthly average:

[Amended 1-20-1999 by Ord. No. 1-1999]

	Pollutant	Concentration (mg/l)
	Copper	0.5
	Lead	0.0311
	Mercury	0.003
	Nickel	1.00
	Silver	0.05
	Zinc	1.00
	Chloroform	0.097
	Phenols, total	Industry specific2

NOTES: 1 For these pollutants, industries will be given the option to meet this limit in their effluent or sample both their potable water supply and their effluent at the same time of compliance monitoring. The industry will then be required to maintain in their wastewater discharge the levels found in their incoming water supply. Effectively, the Borough will be enforcing a no-net increase local limit for these pollutants. 2 The local limit for total phenols have been developed using the mass-proportion method of loading allocation. The industry specific limits will be given in the individual wastewater contribution permits.

(2) The following pollutant limits are established to protect against pass-through and interference at the Taylor Run Wastewater Treatment facility. No person shall discharge wastewater containing in excess of the following limitations based on a thirty-day monthly average:

[Added 8-16-1995 by Ord. No. 13-1995[1]]

	Pollutant	Concentration (mg/l)
	Arsenic [Amended 10-11-1995 by Ord. No. 19-1995]	0.076
	Cadmium	0.023
	Chromium (T) [Amended 10-11-1995 by Ord. No. 19-1995]	2.388
	Copper	0.0861
	Cyanide	0.153
	Lead	0.034
	Mercury	0.003
	Nickel [Amended 10-11-1995 by Ord. No. 19-1995]	0.572
	Silver	0.108
	Zinc	0.0952

NOTES: 1 Domestic loadings exceed the maximum acceptable WWTP loading for these pollutants. The domestic concentration for these pollutants will be applied to industrial and commercial users of the Taylor Run Sewer System. 2 Local limit was set as the domestic concentration since the typical domestic concentration is greater than the allowable limit.

[1] Editor's Note: This ordinance also provided for the renumbering of former Subsection C(2) to C(3).

(3) Concentrations apply at the point where the industrial waste is discharged to the POTW. All concentrations for metallic substances are for total metal unless indicated otherwise. The Superintendent may alter or impose mass limitations at Goose Creek and as required in consultation with the EPA.

[Amended 2-20-2008 by Ord. No. 4-2008]

D. Right of revision. The Borough reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW if deemed necessary to comply with the objectives of this article or the general and specific prohibitions in Subsection A of this article.

E. Special agreement. The Borough reserves the right to enter into special agreements with industrial users setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a pretreatment standard or requirement. However, the industrial user may request a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. They may also request a variance from the categorical pretreatment standard from the EPA. Such a request will be approved only if the industrial user can prove that factors relating to its discharge are fundamentally different from the factors considered by the EPA when establishing the pretreatment standard. An industrial user requesting a fundamentally different factor variance must comply with the procedural and substantive provisions in 40 CFR 403.13.

[Amended 2-20-2008 by Ord. No. 4-2008]

F. Dilution. No industrial user or user shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment or achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Superintendent may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements or in other cases when the imposition of mass limitations is appropriate.

[Amended 2-20-2008 by Ord. No. 4-2008]

§ 89-3 Pretreatment; septage.

A. Pretreatment facilities. Industrial users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in § 89-2A above within the time limitations specified by the EPA, the state or the Superintendent, whichever is more stringent. Any facilities required to pretreat wastewater to a level acceptable to the Borough shall be provided, operated and maintained at the industrial user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Borough for review and shall be acceptable to the Borough before construction of the facility. The review of such plans and operating procedures will in no way relieve the industrial user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the Borough under the provisions of this article.

B. Additional pretreatment measures.

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

(2) Each person discharging into the POTW greater than 25,000 gallons per day or greater than 5% of the average daily flow in the POTW, whichever is lesser, shall install and maintain, on his property and at his expense, a suitable storage and flow-control facility to ensure equalization of flow over a twenty-four-hour period. The facility shall be equipped with alarms and a rate of discharge controller, the regulation of which shall be directed by the Superintendent. A wastewater discharge permit may be issued solely for flow equalization.

(3) Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil or sand; except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the Superintendent and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned and repaired regularly, as needed, by the owner at his expense.

(4) Industrial users or user(s) with the potential to discharge flammable substances may be required to install an approved combustible gas detection meter.

[Amended 2-20-2008 by Ord. No. 4-2008]

(5) At no time shall two readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter.

C. Accidental discharge/slug control plans. The Superintendent may require any industrial user to develop and implement an accidental discharge/slug control plan. At least once every two years, the Superintendent shall evaluate whether each significant industrial user needs such a plan. Any industrial user required to develop and implement an accidental discharge/control slug plan shall submit a plan which addresses, at a minimum, the following:

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

(2) A description of stored chemicals.

(3) Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the prohibited discharges in § 89-2A of this article.

(4) 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.

D. Tenant responsibility. Where an owner of property leases premises to any other person as a tenant under any rental or lease agreement, if either the owner or the tenant is an industrial user, either or both may be held responsible for compliance with the provisions of this article.

E. Hauled wastewater.

(1) Septic tank waste may be accepted into the POTW at a designated receiving structure within the treatment plant area and at such times as are established by the Superintendent, provided that such wastes do not violate § 89-2 of this article or any other requirements established or adopted by the Borough. Wastewater discharge permits for individual vehicles to use such facilities shall be issued by the Superintendent.

(2) The discharge of hauled industrial wastes as industrial septage requires prior approval and a wastewater discharge permit from the Borough. The Superintendent shall have authority to prohibit the disposal of such wastes, if such disposal would interfere with the treatment plant operation. Waste haulers are subject to all other sections of this article.

(3) Fees for dumping septage will be established as part of the industrial user fee system as authorized in § 89-10 by resolution of the Borough Council.

[Amended 2-20-2008 by Ord. No. 4-2008]

(4) Industrial waste haulers may discharge loads only at locations designated by the Superintendent. No load may be discharged without prior consent of the Superintendent. The Superintendent may collect samples of each hauled load to ensure compliance with applicable standards. The Superintendent may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.

[Added 2-20-2008 by Ord. No. 4-2008]

(5) Industrial waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.

[Added 2-20-2008 by Ord. No. 4-2008]

F. Vandalism. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, tamper with or prevent access to any structure, appurtenance or equipment or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in §§ 89-17, 89-18 and 89-19 below.

[Amended 2-20-2008 by Ord. No. 4-2008]

§ 89-4 Permits.

A. Wastewater survey. When requested by the Superintendent, all industrial users must submit information on the nature and characteristics of their wastewater by completing a wastewater survey within 60 days prior to commencing their discharge. The Superintendent is authorized to prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be reasonable grounds for terminating service to the industrial user and shall be considered a violation of this article.

[Amended 2-20-2008 by Ord. No. 4-2008]

B. Wastewater discharge permit requirement.

(1) It shall be unlawful for any significant industrial user to discharge wastewater into the Borough's POTW without first obtaining a wastewater discharge permit from the Superintendent. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in §§ 89-17 and 89-18. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.

[Amended 2-20-2008 by Ord. No. 4-2008]

(2) The Superintendent may require other industrial users, including liquid waste haulers, to obtain wastewater discharge permits as necessary to carry out the purposes of this article.

C. Wastewater discharge permits for existing connections. Any significant industrial user which discharges industrial waste into the POTW 90 days prior to the effective date of this article and who wishes to continue such discharge in the future shall, upon expiration of its present permit, apply to the Borough for a wastewater discharge permit in accordance with Subsection F below.

[Amended 2-20-2008 by Ord. No. 4-2008]

D. Wastewater discharge permits for new connections. Any significant industrial user proposing to begin or recommence discharging industrial wastes into the POTW must obtain a wastewater discharge permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit must be filed at least 90 days prior to the date upon which any discharge will begin.

E. Wastewater discharge permits for extrajurisdictional industrial users.

(1) Any existing significant industrial user located beyond the Borough limits shall submit a wastewater discharge permit application, in accordance with Subsection F below, within 90 days of the effective date of this article. New significant industrial users located beyond the Borough limits shall submit such applications to the Superintendent 90 days prior to any proposed discharge into the POTW.

(2) Alternately, the Superintendent may enter into an agreement with the neighboring jurisdiction in which the significant industrial user is located to provide for the implementation and enforcement of pretreatment program requirements against said industrial user.

F. Wastewater discharge permit application contents.

(1) In order to be considered for a wastewater discharge permit, all industrial users required to have a wastewater discharge permit must submit the information required by § 89-5A(2) of this article. The Superintendent shall approve a form to be used as a permit application. In addition, the following information may be requested:

(a) A description of activities, facilities and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are or could accidentally or intentionally be discharged to the POTW.

(b) The number and type of employees, hours of operation and proposed or actual hours of operation of the POTW.

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

(d) The type and amount of raw materials processed (average and maximum per day).

(e) The site plans, floor plans, mechanical and plumbing plans and details to show all sewers, floor drains and appurtenances by size, location and elevation and all points of discharge.

(f) The time and duration of the discharge.

(g) The location for monitoring all wastes covered by the permit;

[Added 2-20-2008 by Ord. No. 4-2008[1]]

[1] Editor's Note: This ordinance also renumbered former Subsection F(1)(g) as Subsection F(1)(h).

(h) Any other information as may be deemed necessary by the Superintendent to evaluate the wastewater discharge permit application.

(2) Incomplete or inaccurate applications will not be processed and will be returned to the industrial user for revision.

(3) Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula.

[Added 2-20-2008 by Ord. No. 4-2008]

(4) Measurement of pollutants.

[Added 2-20-2008 by Ord. No. 4-2008]

(a) The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.

(b) The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Superintendent, of regulated pollutants in the discharge from each regulated process.

(c) Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.

(d) The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in this article. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Superintendent or the applicable standards to determine compliance with the standard.

(e) Sampling must be performed in accordance with procedures set out in this article.

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

[Added 2-20-2008 by Ord. No. 4-2008]

G. Application signatories and certification. All wastewater discharge permit applications and industrial user reports must contain the following certification statement and be signed by an authorized representative of the industrial user: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this section must be submitted to the Superintendent prior to or together with any reports to be signed by an authorized representative.

[Amended 2-20-2008 by Ord. No. 4-2008]

H. Wastewater discharge permit decisions. The Superintendent will evaluate the data furnished by the industrial user and may require additional information. Within 30 days of receipt of a complete wastewater discharge permit application, the Superintendent will determine whether or not to issue a wastewater discharge permit. If no determination is made within this time period, the application will be deemed denied. The Superintendent may deny any application for a wastewater discharge permit.

I. Wastewater discharge permit duration. Wastewater discharge permits shall be issued for a specified time period, not to exceed five years. A wastewater discharge permit may be issued for a period less than five years at the discretion of she Superintendent. Each wastewater discharge permit will indicate a specific date upon which it will expire.

J. Wastewater discharge permit contents. Wastewater discharge permits shall include such conditions as are reasonably deemed necessary by the Superintendent to prevent pass-through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, protect ambient air quality and protect against damage to the POTW.

(1) Wastewater discharge permits must contain the following conditions:

(a) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years.

(b) A statement that the wastewater discharge permit is nontransferable without prior notification to and approval from the Superintendent, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.

(c) Effluent limits applicable to the user based on applicable standards in federal, state and local law, including best management practices, based upon applicable pretreatment standards.

[Amended 2-20-2008 by Ord. No. 4-2008]

(d) Self-monitoring, sampling, reporting, notification and recordkeeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency and sample type based on federal, state and local law.

(e) Statement of applicable civil, criminal and administrative penalties for violation of pretreatment standards and requirements and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state or local law.

(f) The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge shall be in accordance with this article.

[Added 2-20-2008 by Ord. No. 4-2008]

(g) Requirements to control slug discharge, if determined by the Superintendent to be necessary.

[Added 2-20-2008 by Ord. No. 4-2008]

(h) Any grant of the monitoring waiver by the Superintendent must be included as a condition in the user's permit or other control mechanism.

[Added 2-20-2008 by Ord. No. 4-2008]

(2) Wastewater discharge permits may contain, but need not be limited to, the following:

(a) Limits on the average and/or maximum rate of discharge, time of discharge and/or requirements for flow regulation and equalization.

(b) Limits on the instantaneous, daily and monthly average and/or maximum concentration, mass or other measure of identified wastewater pollutants or properties.

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

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

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

(f) The unit charge or schedule of industrial user charges and fees for the management of the wastewater discharged to the POTW.

(g) Requirements for installation and maintenance of inspection and sampling facilities and equipment.

(h) A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit.

(i) Other conditions as deemed appropriate by the Superintendent to ensure compliance with this article and state and federal laws, rules and regulations.

K. Wastewater discharge permit appeals. Any person, including the industrial user, may petition the Borough to reconsider the terms of a wastewater discharge permit within 30 days of its issuance.

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

(2) In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to place in the wastewater discharge permit.

(3) The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.

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

(5) Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing an appeal pursuant to the local agency law.

L. Wastewater discharge permit modification.

(1) The Superintendent may modify the wastewater discharge permit for good cause, including but not limited to the following:

(a) To incorporate any new or revised federal, state or local pretreatment standards or requirements.

(b) To address significant alterations or additions to the industrial user's operation, processes or wastewater volume or character since the time of wastewater discharge permit issuance.

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

(d) Information indicating that the permitted discharge poses a threat to the Borough's POTW, Borough personnel or the receiving waters.

(e) Violation of any terms or conditions of the wastewater discharge permit.

(f) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting.

(g) Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13.

(h) To correct typographical or other errors in the wastewater discharge permit.

(i) To reflect a transfer of the facility ownership and/or operation to a new owner/operator.

(2) The filing of a request by the permittee for a wastewater discharge permit modification does not stay any wastewater discharge permit condition.

M. Wastewater discharge permit transfer.

(1) Wastewater discharge permits may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least 90 days advance notice to the Superintendent and the Superintendent approves the wastewater discharge permit transfer. The notice to the Superintendent must include a written certification by the new owner and/or operator which:

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

(b) Identifies the specific date on which the transfer is to occur.

(c) Acknowledges full responsibility for complying with the existing wastewater discharge permit.

(2) Failure to provide advance notice of a transfer renders the wastewater discharge permit voidable on the date of facility transfer.

N. Wastewater discharge permit revocation.

(1) Wastewater discharge permits may be revoked for the following reasons:

(a) Failure to notify the Borough of significant changes to the wastewater prior to the changed discharge.

(b) Failure to provide prior notification to the Borough of changed conditions.

(c) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application.

(d) Falsifying self-monitoring reports.

(e) Tampering with monitoring equipment.

(f) Refusing to allow the Borough timely access to the facility premises and records.

(g) Failure to meet effluent limitations.

(h) Failure to pay fines.

(i) Failure to pay sewer charges.

(j) Failure to meet compliance schedules,

(k) Failure to complete a wastewater survey or the wastewater discharge permit application.

(l) Failure to provide advance notice of the transfer of a permitted facility.

(m) Violation of any pretreatment standard or requirement or any terms of the wastewater discharge permit or this article.

(2) Wastewater discharge permits shall be voidable upon nonuse, cessation of operations or transfer of business ownership. All wastewater discharge permits are void upon the issuance of a new wastewater discharge permit.

O. Wastewater discharge permit reissuance. A significant industrial user shall apply for wastewater discharge permit reissuance by submitting a complete wastewater discharge permit application in accordance with Subsection F a minimum of 90 days prior to the expiration of the industrial user's existing wastewater discharge permit.

P. Municipal wastewater discharge permits. In the event another municipality contributes all or a portion of its wastewater to the POTW, the POTW may require such municipality to apply for and obtain a municipal wastewater discharge permit.

(1) A municipal wastewater discharge permit application shall include:

(a) A description of the quality and volume of the wastewater at the point(s) where it enters the POTW.

(b) An inventory of all industrial users discharging to the municipality.

(c) Such other information as may be required by the Superintendent.

(2) A municipal wastewater discharge permit shall contain the following conditions:

(a) A requirement for the municipal user 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 § 89-2D.

(b) A requirement for the municipal user to submit a revised industrial user inventory on at least an annual basis.

(c) A requirement for the municipal user to conduct pretreatment implementation activities, including industrial user permit issuance, inspection and sampling and enforcement; or authorize the POTW to take or conduct such activities on its behalf.

(d) A requirement for the municipal user to provide the Borough with access to all information that the municipal user obtains as part of its pretreatment activities.

(e) Limits on the nature, quality and volume of the municipal user's wastewater at the point where it discharges to the POTW.

(f) Requirements for monitoring the municipal user's discharge.

(3) Violation of the terms and conditions of the municipal user's wastewater discharge permit subjects the municipal user to the sanctions set out in §§ 89-17 and 89-18.

[Amended 2-20-2008 by Ord. No. 4-2008]

§ 89-5 Reports; notification.

A. Baseline monitoring reports.

(1) Within either 180 days after the effective date of a categorical pretreatment standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing significant industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to the POTW shall be required to submit to the Borough a report which contains the information listed in Subsection A(2) below. At least 90 days prior to commencement of their discharge, new sources and sources that become industrial users subsequent to the promulgation of an applicable categorical standard shall be required to submit to the Borough a report which contains the information listed in Subsection A(2) below. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.

(2) Users described above shall submit information set forth below. [All information required by 40 CFR 403.12(b)(1) through (7).

[Amended 2-20-2008 by Ord. No. 4-2008]

(a) Identifying information. The name and address of the facility, including the name of the operator and owners.

(b) Wastewater discharge permits. A list of any environmental control wastewater discharge permits held by or for the facility.

(c) Description of operations. A brief description of the nature, average rate of production and standard industrial classifications of the operation(s) carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.

(d) Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in 40 CFR 403.6(e).

(e) Measurement of pollutants.

[1] Identify the categorical pretreatment standards applicable to each regulated process.

[2] Submit the results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the Borough of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Subsection J.

[3] Sampling must be performed in accordance with procedures set out in Subsection K.

[4] The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection.

[Added 2-20-2008 by Ord. No. 4-2008]

[5] Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the user should measure the flows and concentrations necessary to allow use of the combined waste stream formula in 40 CFR 403.6(e) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e), this adjusted limit, along with supporting data, shall be submitted to the control authority.

[Added 2-20-2008 by Ord. No. 4-2008]

[6] The Superintendent may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.

[Added 2-20-2008 by Ord. No. 4-2008]

[7] The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

[Added 2-20-2008 by Ord. No. 4-2008]

[8] Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on 40 CFR 403.12(e)(2).

[Added 2-20-2008 by Ord. No. 4-2008]

[9] Any request to be covered by a general permit.

[Added 2-20-2008 by Ord. No. 4-2008]

(f) Certification. A statement reviewed by the industrial user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O & M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

(g) Compliance schedule. If additional pretreatment and/or O & M will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment and/or O & M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in Subsection B of this section.

(h) All baseline monitoring reports must be signed and certified in accordance with § 89-4G.

B. Compliance schedule progress report. The following conditions shall apply to the schedule required by Subsection A(2)(g). The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards. (Such events include hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction and beginning and conducting routine operation.) No increment referred to above shall exceed nine months. The industrial user shall submit a progress report to the Superintendent no later than 14 days following each date in the schedule and the final date of compliance, including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay and (if appropriate) the steps being taken by the industrial user to return to the established schedule. In no event shall more than nine months elapse between such progress reports to the Superintendent.

C. Report on compliance with categorical pretreatment standard deadline. 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 such pretreatment standards and requirements shall submit to the Borough a report containing the information described in Subsection A(2)(d) through (f). For industrial users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the industrial 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 industrial user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 89-4G.

D. Periodic compliance reports.

(1) All SIUs are required to submit periodic compliance reports even if they have been designated a nonsignificant categorical industrial user under the provisions of § 89-5A(2). All industrial users must, at a frequency determined by the Superintendent, submit no less than twice per year (June and December) reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the Superintendent or the pretreatment standard necessary to determine the compliance status of the user.

[Amended 2-20-2008 by Ord. No. 4-2008]

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

(3) If an industrial user subject to the reporting requirement in and of this section monitors any pollutant more frequently than required by the POTW, using the procedures prescribed in Subsection K of this section, the results of this monitoring shall be included in this report.

E. Report of changed conditions. Each industrial user is required to notify the Superintendent of any planned significant changes to the industrial user's operations or system which might alter the nature, quality or volume of its wastewater at least 30 days before the change.

[Amended 2-20-2008 by Ord. No. 4-2008]

(1) The Superintendent may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 89-4F.

(2) The Superintendent may issue a wastewater discharge permit under § 89-4H or modify an existing wastewater discharge permit under § 89-4L.

(3) No industrial user shall implement the planned changed condition(s) until and unless the Superintendent has responded to the industrial user's notice.

(4) For purposes of this requirement, flow increases of 10% or greater and the discharge of any previously unreported pollutants shall be deemed significant.

F. Reports of potential problems.

(1) In the case of any discharge, including but not limited to accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge or a slug load which may cause potential problems for the POTW (including a violation of the prohibited discharge standards in § 89-2A of this article), it is the responsibility of the industrial user to immediately telephone and notify the Borough of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the industrial user.

(2) Within five days following discharge, the industrial user shall, unless waived by the Superintendent, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, natural resources or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties or other liability which may be imposed by this article.

(3) Failure to notify the Borough of potential problem discharges shall be deemed a separate violation of this article.

(4) A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection F(1) above. Employers shall ensure that all employees who may cause or suffer such a discharge to occur are advised of the emergency notification procedure.

(5) Significant industrial users are required to notify the Superintendent immediately of any changes at its facility affecting the potential for a slug discharge.

[Added 2-20-2008 by Ord. No. 4-2008]

G. Reports from nonsignificant industrial users. All industrial users not subject to categorical pretreatment standards and not required to obtain a wastewater discharge permit shall provide appropriate reports to the Borough as the Superintendent may require.

H. Notice of violation; repeat sampling and reporting. If sampling performed by an industrial user indicates a violation the industrial user must notify the control authority within 24 hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the control authority within 30 days after becoming aware of the violation. The industrial user is not required to resample if the POTW performs monitoring at the industrial user's at least once a month or if the POTW performs sampling between the industrial user's initial sampling and when the industrial user receives the results of this sampling. If the Borough performed the sampling and analysis in lieu of the industrial user, the Borough will perform the repeat sampling and analysis unless it notifies the user of the violation and requires the User to perform the repeat sampling and analysis. [See 40 CFR 403.12(g)(2).]

[Amended 2-20-2008 by Ord. No. 4-2008]

I. Notification of the discharge of hazardous waste.

(1) Any industrial user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the industrial user discharges more than 10 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under Subsection E above. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of Subsections A, C and D above.

(2) Dischargers are exempt from the requirements of Subsection I(1) of this section during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e) requires a onetime notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.

(3) In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Waste Division Director and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

(4) In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

(5) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this article, a permit issued thereunder, or any applicable federal or state law.

[Amended 2-20-2008 by Ord. No. 4-2008]

J. Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA.

K. Sample collection.

[Amended 2-20-2008 by Ord. No. 4-2008]

(1) Except as indicated in Subsection K(2) below, the industrial user must collect wastewater samples using flow proportional composite collection techniques. In the event that flow proportional sampling is infeasible, the Superintendent may authorize the use of time proportional sampling or through a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits. The control authority is required to indicate the frequency of monitoring necessary to assess and assure compliance by the user with applicable pretreatment standards and requirements.

(2) Except as indicated in Subsection K(3) and (4) below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Superintendent. Where time-proportional composite sampling or grab sampling is authorized by the Borough, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols and sulfides, the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Borough, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

(3) Samples for oil and grease, temperature, pH, cyanide, phenols, toxicity, sulfides and volatile organic chemicals must be obtained using grab collection techniques.

(4) For sampling required in support of baseline monitoring and ninety-day compliance reports required by this article and 40 CFR 403.12(b) and (d), a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Superintendent may authorize a lower minimum. For the reports required by 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 with applicable pretreatment standards and requirements.

L. Determination of noncompliance. The Superintendent may use a grab sample(s) to determine noncompliance with pretreatment standards.

M. Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

N. Recordkeeping. Industrial users shall retain and make available for inspection and copying all records and information required to be retained under this article, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established in this article. 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 compliance with this article or where the industrial user has been specifically notified of a longer retention period by the Superintendent.

[Amended 2-20-2008 by Ord. No. 4-2008]

O. Certification of permit applications, user reports and initial monitoring waiver. The following certification statement is required to be signed and submitted by Users submitting permit applications in accordance with § 89-4G; users submitting baseline monitoring reports [Note: See 40 CFR 403.12(I)]; users submitting reports in compliance with the categorical pretreatment standard deadlines [Note: See 40 CFR 403.12(d)]; users submitting periodic compliance reports [Note: See 40 CFR 403.12(e) and (h)], and users submitting an initial request to forego sampling of a pollutant [Note: See 40 CFR 403.12(e)(2)(iii)]. The following certification statement must be signed by an authorized representative:

[Added 2-20-2008 by Ord. No. 4-2008]

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

§ 89-6 Inspections.

A. Inspection and sampling. The Borough shall have the right to enter the facilities of any industrial user to ascertain whether the purpose of this article and any permit or order issued hereunder is being met and whether the industrial user is complying with all requirements thereof. Industrial users shall allow the Superintendent or his representatives ready access to all parts of the premises for the purpose of inspection, sampling, records examination and copying and the performance of any additional duties.

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

(2) The Borough, state and EPA shall have the right to set up on the industrial user's property or require installation of such devices as are necessary to conduct sampling and/or metering of the user's operations.

(3) The Borough may require the industrial user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the industrial user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated periodically to ensure their accuracy.

(4) Any temporary or permanent obstruction to safe and easy access to the industrial facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the Superintendent and shall not be replaced. The costs of clearing such access shall be borne by the industrial user.

(5) Unreasonable delays in allowing Borough personnel access to the industrial user's premises shall be a violation of this article. The location of the monitoring facility shall provide ample room in or near the monitoring facility to allow accurate sampling and preparation of samples and analysis and whether constructed on public or private property, the monitoring facilities should be provided in accordance with the Supervisor's requirements and all applicable local construction standards and specifications, and such facilities shall be constructed and maintained in such manner so as to enable the Supervisor to perform independent monitoring activities.

B. Search warrants. If the Superintendent has been refused access to a building, structure or property or any part thereof and if the Superintendent has demonstrated probable cause to believe that there may be a violation of this article or that there is a need to inspect as part of a routine inspection program of the Borough designed to verify compliance with this article or any permit or order issued hereunder or to protect the overall public health, safety and welfare of the community, then upon application by the Borough Solicitor, the District Justice shall issue a search and/or seizure warrant describing therein the specific location subject to the warrant. The warrant shall specify what, if anything, may be searched and/or seized on the property described. Such warrant shall be served at reasonable hours by the Superintendent in the company of a uniformed police officer of the Borough. In the event of an emergency affecting public health and safety, inspections shall be made without the issuance of a warrant.

§ 89-7 Confidential information.

Information and data on an industrial user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits and monitoring programs and from Borough inspection and sampling activities shall be available to the public without restriction, unless the industrial user specifically requests and is able to demonstrate to the satisfaction of the Borough that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable state law. When requested and demonstrated by the industrial user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.

§ 89-8 Publication of users in significant noncompliance.

[Added 2-20-2008 by Ord. No. 4-2008[1]]

The Superintendent shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term "significant noncompliance" shall be applicable to all significant industrial users (or any other industrial user that violates Subsections C, D or H of this section) and shall mean:

A. Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in § 89-1;

B. Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by § 89-1, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils, and grease, and 1.2 for all other pollutants except pH);

C. Any other violation of a pretreatment standard or requirement that the Superintendent determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;

D. Any discharge of pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the Superintendent's exercise of its emergency authority to halt or prevent such a discharge;

E. Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

F. Failure to provide, within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

G. Failure to accurately report noncompliance; or

H. Any other violations(s), which may include a violation of best management practices, which the Superintendent determines will adversely affect the operation or implementation of the local pretreatment program.

[1] Editor's Note: This ordinance also renumbered former §§ 89-8 through 89-17 as §§ 89-9 through 89-18, respectively, and additionally renumbered §§ 89-18 through 89-23 as §§ 89-20 through 89-25, respectively.

§ 89-9 Sanitary sewer rentals.

[Amended 2-19-2003 by Ord. No. 1-2003]

A. The sewer rental for the collection and treatment of sanitary sewage discharged into the sewer system by all dwellings and establishments receiving water only from a public utility, a municipal authority or any other entity providing water to the public shall be a rent based upon the amount of water supplied to the properties by such public utility, a municipal authority or any other entity providing water to the public and shall be in an amount computed by charges set forth in § 89-11.

B. In cases where dwellings and establishments using the sewer system have sources of water supply other than or in combination with water supplied by a public utility, a municipal authority or any other entity providing water to the public, the measured flow, computed in accordance with the provisions of § 89-6A above, shall be used as the basis for computation of the sewer rent pursuant to § 89-11.

§ 89-10 Sewer rental premium charges for industrial wastes.

[Amended 6-15-1994 by Ord. No. 7-1994; 2-20-2008 by Ord. No. 4-2008]

A. The sewer rent for the collection and treatment of industrial wastes discharged into the Goose Creek sewer system by industrial users shall be based upon a premium charge for extra-strength waste applied as a factor against the charges for sanitary sewage. The premium charge shall be based on the following formula for determination of the multiplication factor:

Factor

=

36.2% (BOD* in ppm ***) 150

+

35.9% (NH3 - N in ppm ***) 40

+

27.9% (SS** in ppm ***) 350

* Where "BOD" is defined for these purposes as 100% of the influent-soluble BOD plus 30% of the influent-insoluble BOD. ** In cases where the suspended solids, in the opinion of the Borough do not represent the true characteristics of the solids loading, the Borough reserves the right to use total solids instead of suspended solids. *** Where figures are less than 150 parts per million of BOD or 40 parts per million of ammonia (NH3 - N) or 350 parts per million of suspended solids, the value in the brackets shall be equal to one.

B. The basis of computation for extra-strength waste shall be computed from the average of the previous six months' determination of character and concentration of waste.

C. In cases where industrial users using the sewer system use water supplied from any source and the water so supplied is not entirely discharged into the sewer system, the measured flow to be used as a basis for the computation of the sewer rent pursuant to § 89-11A shall be determined as set forth in §§ 89-3A and B and 89-7.

§ 89-11 Sewer rates.

[Amended 12-13-1995 by Ord. No. 23-1995; 3-15-2000 by Ord. No. 1-2000; 10-18-2000 by Ord. No. 19-2000; 2-19-2003 by Ord. No. 1-2003; 12-19-2007 by Ord. No. 20-2007; 12-17-2008 by Ord. No. 23-2008; 1-20-2010 by Ord. No. 2-2010; 8-15-2012 by Ord. No. 14-2012; 11-20-2012 by Ord. No. 23-2012; 12-15-2020 by Ord. No. 11-2020; 12-14-2021 by Ord. No. 13-2021; 12-20-2023 by Ord. No. 18-2023; 12-18-2024 by Ord. No. 10-2024; 12-17-2025 by Ord. No. 14-2025]

A. Effective February 1, 2009, the sewer rental imposed under §§ 89-9 and 89-10 of this article shall be billed on a monthly basis at the same intervals and at the same dates as rents for water consumed on the same property.

B. Effective February 1, 2026, the monthly sewer rates shall be computed as follows:

Monthly Sewer Rates
Quantity of Water Used (gallons)	Charge
First 2,000 or less	$34.84
Over 2,000	$9.25 per 1,000 gallons or any part thereof

§ 89-12 Borough's remedies for delinquent sewer rent; billings and payments for sewer rents; shut off of water service in the event of delinquent bills.

[Amended 11-20-1996 by Ord. No. 25-1996; 1-20-1999 by Ord. No. 1-1999; 10-18-2000 by Ord. No. 19-2000]

A. Bills for sewer rents or charges shall be paid by the owner of the property and mailed to the address specified in the application for the permit to make the sewer connection to the property to be served by sewer service, unless and until a different address is specified, in writing, by the owner of such property to the Borough. Failure of the owner to receive a bill as a result of an incorrect address or otherwise shall not excuse payment of sewer rents or charges or extend the time for payment thereof. It shall be incumbent upon all persons connected to the sewer system to provide the Borough with the correct billing address or any changes thereto.

B. All sewer rents not paid within 21 days of the date of the bill shall be deemed to be delinquent and shall be subject to a penalty of 1 1/2% per month. All delinquent sewer rents, together with interest, penalties, charges and costs thereof, shall constitute a municipal claim against the property or properties served by the sewer service from the date the same first became due and payable. If such sewer rents, penalties and charges are not timely paid, the Borough shall file a municipal lien against the property served pursuant to the procedure established in the Pennsylvania Municipal Lien Law[1] and in § 89-14 herein, and such lien shall be collected in the manner provided for by law for the filing and collecting of such municipal liens. The Borough is further authorized to collect reasonable attorneys' fees that it incurs in the collection of any delinquent sewer accounts in the amount specified in § 89-14 herein. In addition, the Borough may collect all delinquent sewer rents, penalties, interest and charges, including attorneys' fees, by referring such delinquent claims to a collection agency, by filing an action in assumpsit, or in any other manner or by any proceeding otherwise provided by law. Any fees that the Borough incurs in exercising its legal remedies shall be added to the amount of the delinquent account. All of the Borough's remedies shall be cumulative.

[1] Editor's Note: See 53 P.S. § 7101 et seq.

C. If the owner or occupant if the property served by a water utility shall neglect or fail to pay the sewer rent plus penalty and charges by the last day of the second month after which the bill is dated, the Borough may notify the water utility which provides water service to the property to shut off the supply of water to such property until all such overdue rentals, rates and charges, together with any penalties and interest thereon shall be paid in full. Before the Borough notifies the water utility to shut off the supply of water to any property, the Borough must send written notice of its intention to shut off the water supply to the person liable for payment of the rentals and charges at least 10 days prior to when the water supply is shut off and must post a written notice at the main entrance to the property notifying the owner that the water will be shut off within 10 days if the delinquent account is not paid in full. If during such ten-day period, the person liable for the payment of the rentals and charges delivers to the Borough a written statement, under oath or affirmation, stating that he has a just defense to the claim, or part of it, for such rentals or charges, then the water supply shall not be shut off until such claim has been judicially determined. The statement shall also contain a declaration under oath or affirmation that it was not executed for the purpose of delay.

§ 89-13 Appointment of collector of rentals and charges.

[Amended 12-13-1995 by Ord. No. 23-1995]

The Borough Council shall appoint, from year to year, a suitable person or entity to collect the sewer rentals and charges herein provided and shall provide such information and records to such person or entity as is necessary or required. In addition, Borough Council shall provide or establish compensation therefor and may require the filing of a suitable fidelity bond in connection therewith.

§ 89-14 Installation, maintenance, repair and replacement of sewer connections. [1]

[Added 6-21-2023 by Ord. No. 08-2023]

A. Owners discharging wastewater into the publicly owned treatment works shall be and are responsible, at their sole cost and expense, for obtaining permits and for all labor and materials required for the installation, maintenance, repair and replacement of all pipes, fittings, valves, vents, and appurtenances necessary to convey sewage from the exterior wall of any private or public building or structure to the service tee or wye fitting connecting to the sewer main; and the restoration of any land area or paving extending from the exterior wall of the private or public building or structure to the sewer main (hereinafter referred to as the "work" in this § 89-14).

B. All work shall be completed in compliance with Chapter 82 of this Code, Plumbing, including applying for and obtaining all required permits. All information, including plans and specifications, required by the Borough to properly consider the permit application shall be provided by the permit applicant.

C. When any work requires the opening, cutting, or excavation in or of any Borough street, the owner shall apply for and obtain a Borough permit in accordance with Chapter 95, Article I, of the Code; and comply with all requirements of Chapter 95 and all conditions of the Borough permit.

D. When any work requires the opening, cutting, or excavation in or of any road or street owned by the Commonwealth of Pennsylvania, the owner shall prepare and submit to the Borough for review a highway occupancy permit application in the name of the Borough and pay all applicable fees. Upon satisfactory completion of the application and payment of the fees, the Borough shall submit the application to the Pennsylvania Department of Transportation (PennDOT). The person performing the work shall comply with all requirements and conditions of the highway occupancy permit (HOP), including the payment of all cost and expenses of the work located in the PennDOT right of way and payment of any fines or penalties assessed by PennDOT or other agency or department.

E. Indemnification. The owner shall indemnify, defend, and hold harmless the Borough from any liability, including monetary damages resulting from personal injury or property damage, as a result of the work. This responsibility to indemnify, defend, and hold harmless the Borough shall include the defense of any enforcement or other action commenced by PennDOT or other agency for failure to obtain a HOP or other permit, and liability for any fines or penalties. Every permit issued for any work shall include this indemnification provision which shall be acknowledged by the signature of the owner.

F. No work shall commence until there is compliance with all of the requirements of these regulations and necessary permits are issued.

[1] Editor's Note: Former § 89-14, Fee schedule, added 1-20-1999 by Ord. No. 1-1999, as amended, and § 89-14.1, Procedure for collection of attorney's fees, added 1-20-1999 by Ord. No. 1-1999, were repealed 4-15-2015 by Ord. No. 5-2015.

§ 89-15 (Reserved) [1]

[1] Editor's Note: Former § 89-15, Notification of charges due, was repealed 4-15-2015 by Ord. No. 5-2015.

§ 89-16 Adoption of rules and regulations authorized.

Council reserves the right to, and may from time to time, adopt such rules and regulations as it deems necessary and proper for the use and operation of the sewer system, which rules and regulations shall be and become part of this article.

§ 89-17 Enforcement.

[Amended 2-20-2008 by Ord. No. 4-2008]

A. Notification of violation. Whenever the Superintendent finds that any user has violated or is violating this article, a wastewater discharge permit or order issued hereunder or any other pretreatment requirement, the Superintendent or his agent may serve upon said user a written notice of violation. Within 10 days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Superintendent. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Borough to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

B. Judicial enforcement. Whenever a user has violated a pretreatment standard or requirement, this article or a wastewater discharge permit or order issued hereunder, the Superintendent may:

(1) Issue a citation;

(2) Seek the issuance of a temporary or permanent injunction; and/or

(3) Seek such other action as appropriate for legal and/or equitable relief.

C. Injunctive relief. When the Superintendent finds that a user has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may petition the Chester County Court of Common Pleas through the Borough's Solicitor for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit order, or other requirements imposed by this article on activities of the user. The Superintendent may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

D. Civil penalties.

(1) A user who has violated, or continues to violate any provision of this article, an individual wastewater discharge permit, or order issued hereunder, or any of the pretreatment standards or requirements, shall be liable to the Borough for a civil penalty of at least $1,000 per violation, per day, subject to the relevant state maximum. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of violation. (See 53 P.S. § 4308).

(2) The fines specified herein are established pursuant to the requirements of the United States Environmental Protection Agency and the Commonwealth of Pennsylvania Department of Environmental Resources in accordance with 33 U.S.C. § 1251 et seq., 30 U.S.C. § 1201 et seq.

(3) In determining the amount of civil 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 of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

(4) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

E. Emergency suspensions.

(1) The Superintendent may immediately suspend a user's discharge (after informal notice to the user) whenever such suspension is necessary in order to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Superintendent may also immediately suspend a user's discharge (after notice and opportunity to respond) that threatens to interfere with the operation of the POTW or which presents or may present an endangerment to the environment.

(a) Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Superintendent shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals. The Superintendent shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Borough that the period of endangerment has passed, unless the termination proceedings set forth in § 89-17B are initiated against the user.

(b) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the Superintendent.

F. Hearing before suspension. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

§ 89-18 Other violations and penalties.

[Amended 2-20-2008 by Ord. No. 4-2008]

A. Termination of discharge.

(1) In addition to those provisions in § 89-17 and 18-18B of this article, any user that violates the following conditions of this article, wastewater discharge permits or orders issued hereunder is subject to discharge termination:

(a) Violation of wastewater discharge permit conditions.

(b) Failure to accurately report the wastewater constituents and characteristics of its discharge.

(c) Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge.

(d) Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling.

(e) Violation of the pretreatment standards.

(2) Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show why the proposed action should not be taken. Exercise of this option by the Superintendent shall not be a bar to, or a prerequisite for, taking any other action against the user.

B. Criminal prosecution.

(1) Any violation or failure to comply with any provisions of this article shall constitute a summary offense and prosecution for every such offense shall be according to the practice in the case of summary convictions and under the provisions of 53 P.S. § 48301.

(2) Nothing in this article limits the Borough's authority provided under the Pennsylvania Sewage Facilities Act (35 P.S. § 750.1 et. seq.).

§ 89-19 (Reserved)

Article II Sewer Use Through Garbage Grinders

[Adopted 2-18-1965 as Ord. No. 10-65; amended in its entirety 10-21-1992 by Ord. No. 18-1992]

§ 89-20 Definitions.

As used in this article, the meaning of terms shall be as follows:

COMMERCIAL OR INDUSTRIAL ESTABLISHMENT

Any structure or any portion thereof intended to be used wholly or in part for the purpose of carrying on a trade, business, industry or profession, or for social, amusement, religious, educational, charitable or public uses, and which contains plumbing for kitchen or toilet or washing facilities.

GARBAGE GRINDER

Any mechanism by which garbage, fruit, vegetable, animal or other solid kitchen waste material is ground or shredded for discharge into the West Chester sanitary sewer system.

§ 89-21 Certain wastes permitted in sewers.

Garbage, fruit, vegetable, animal or other solid kitchen waste materials may be deposited into the West Chester sanitary sewer system, provided that they shall first be passed through an operating garbage grinder, which grinder must comply with all pertinent regulations of the Borough of West Chester.

§ 89-22 Registration of garbage grinders.

Any garbage grinder installed in a commercial or industrial establishment must be registered with the Borough of West Chester on a form furnished by the Borough, requiring identification of the location of the property, the type and size of the grinder and such additional information as the Borough may require.

§ 89-23 Additional sewer charge for garbage grinders.

In addition to the regular sewer rates, a surcharge shall be imposed based upon the formula set forth in § 89-10 for each garbage grinder in a commercial or industrial establishment as hereinabove defined.

§ 89-24 When charges due and payable.

The aforementioned charges shall be added to the regular sewer billings and shall become due and payable as all other charges pursuant to § 89-11 of the ordinance adopted December 8, 1954.

§ 89-25 Violations and penalties.

The provisions of this article are declared to be for the health, safety and welfare of the citizens of the Borough, and persons violating any provisions of this article, upon conviction before any District Justice, shall be sentenced to pay a fine of not more than $1,000, together with costs of prosecution, or to imprisonment in the county jail for a term not to exceed 30 days, or both.