[Adopted 1-9-1989 by Ord. No. A-869]
A.
ABNORMAL WASTES
ACT or THE ACT
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
(1)
(2)
(3)
BIOCHEMICAL OXIDATION DEMAND (BOD)
BOROUGH
BOROUGH ENGINEER
BUILDING SEWER
CATEGORICAL STANDARDS or NATIONAL CATEGORICAL PRETREATMENT STANDARDS
CONTAMINATE
COUNCIL
DISCHARGE
ENVIRONMENTAL PROTECTION AGENCY (EPA)
EQUALIZATION
GARBAGE
INDUSTRIAL USER
INDUSTRIAL WASTE
INTERFERENCE
MANAGER
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT
OCCUPIED BUILDING
PERMIT
PERSON
pH
POLLUTANT
POLLUTION
POTW PRETREATMENT PROGRAM
PRETREATMENT or TREATMENT
PUBLICLY OWNED TREATMENT WORKS (POTW)
SLUG
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STATE
STORMWATER
SUSPENDED SOLIDS
UPSET
USER
WASTEWATER
WATERS OF THE STATE
TOWNSHIP
As used in this article, the following terms shall
have the meanings indicated:
Any waste having a suspended solids content or BOD in excess
of that normally found in municipal sewage. For the purpose of this
article, a waste containing more than 250 mg/l of suspended solids,
or having a BOD in excess of 250 mg/l, shall be considered abnormal
waste.
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended.
An authorized representative of industrial user may be:
A principal executive officer of at least the
level of vice president if the industrial user is a corporation;
A general partner or proprietor if the industrial
user is a partnership or proprietorship, respectively; or
A duly authorized representative of the individual
designated above if such representative is responsible for the overall
operation of the facilities from which the discharge originates.
The quantity of the oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure after five days
at 20º C., expressed in milligrams per liter (mg/l).
The Borough of Kane, County of McKean, Kane, Pennsylvania.
The firm of Hill Engineering, Inc., of North East Pennsylvania,
or such other engineering firm or engineer as may at the time be duly
appointed by the borough.
The private sewer between a point five feet outside the exterior
wall of an occupied building and the service tap provided at the public
sanitary sewer and all private extensions thereof.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with § 307(b) and (c) of the Act
which applies to a specific category of industrial users.
To change the characteristics of the waste to the extent
that normal POTW effluent, sludge, and/or gaseous emissions qualities
are no longer acceptable for discharge or cause interference with
normal POTW processes or performance.
The Borough Council of the Borough of Kane.
The introduction of nondomestic pollutants from any source
into the POTW.
The U.S. Environmental Protection Agency, or, where appropriate,
the term may also be used as a designation for the administrator of
said agency.
The on-site storage of wastewaters and the controlled rate
of discharge of the same to the public system.
Solid wastes from the preparation, cooking, and dispensing
of food and from the handling, storage, and sale of produce.
A source of discharge to the POTW.
The liquid waste streams from industrial manufacturing, trade,
or commercial business processes as distinct from sanitary sewage.
The inhibition or disruption of the POTW treatment processes
or operations which causes or significantly contributes to a violation
of a requirement of the borough's NPDES permit (including an increase
in the magnitude or duration of a violation). The term includes prevention
of sewage sludge use or disposal by the POTW in accordance with § 450
of the Act, or any criteria, guidelines, or regulations developed
pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act,
the Toxic Substances Control Act, or more stringent state criteria
applicable to the method of disposal or use employed by the POTW.
The chief administrative officer of the borough responsible
for local administration of Council regulations.
A permit issued pursuant to § 402 of the Act.
Any structure erected and intended for continuous or intermittent
habitation, occupancy or use by human beings or animals and from which
structure, as a result of such occupancy, sanitary sewage and/or industrial
wastes may be discharged.
Any contract or agreement between the borough and the user
of the POTW which establishes allowable limits and source specific
regulations developed from the general requirements defined herein.
Any individual, partnership, copartnership, firm, company,
corporation, association, 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.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in equivalent moles per liter of solution.
Any dredged spoil, solid waste, incinerator residue, garbage,
sewage sludge, chemical wastes, biological materials, heat, wrecked
or discarded equipment, rock, sand, cellar dirt, and industrial, municipal
and agricultural waste discharged to the POTW.
The man-made or man-induced alteration of the chemical, physical,
biological, and radiological integrity of water.
That program described in the U.S. Environmental Protection
Agency's General Pretreatment Regulations (40 CFR 403).
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 discharging to the
POTW.
A treatment works as defined by § 212 of the Act,
which is owned and/or operated by the borough. This definition includes
any publicly owned sewers that convey wastewater to the POTW treatment
plant, but does not include pipes, sewers or other conveyances not
connected to the facility providing treatment. For the purposes of
this article, "POTW" shall also include publicly owned sewers that
convey wastewaters to the POTW from persons outside the Borough of
Kane who are by contract, or agreement, users of the POTW.
Any discharge of water, sewage, industrial waste, or combination
thereof, which in concentration of any given constituent or quantity
of flow exceeds, for any period of duration longer than 15 minutes,
more than five times the average strength or flow rate during normal
operations.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget 1972.
Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The suspended matter that floats on the surface of, or is
suspended in, water, wastewater, or other liquids, and which is removable
by laboratory filtering according to standard approved methods.
An exceptional incident in which a user unintentionally and
temporarily is in a state of noncompliance with the standards set
forth hereto due to factors beyond the reasonable control of the user,
and excluding noncompliance to the extent caused by operational error,
improperly designed treatment facilities, inadequate treatment facilities,
lack of preventive maintenance, or careless or improper operation
thereof.
Any person who contributes, causes or permits the contribution
of wastewater into the borough's POTW.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities, and institutions,
together with any groundwater, surface water and stormwater which
is permitted to enter the POTW.
All streams, lakes, ponds, marshes, watercourses, 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.
The Township of Wetmore, Pennsylvania, agencies thereof or
other municipal jurisdictions on a regional basis who utilize public
sewer/treatment facilities of the borough, now or in the future, are
required to adopt, administer and enforce general sewer use regulations
and industrial waste regulations comparable to those now or hereinafter
in effect in the borough.
B.
Shall is mandatory; may is permissive.
A.
Application. Subject to the availability of reserve
POTW capacities for industrial waste use, proposals to discharge industrial
wastes to the public sewers at Kane shall be reviewed pursuant to
the provisions of these industrial waste rules and regulations hereinafter
referred to as the "regulation." The potential benefits of treating
certain compatible industrial wastes in combination with domestic
wastes are well documented. The borough's public sewer system customer
base is primarily residential, however, and no industrial wastes are
to be discharged to the public sewers on and after the effective date
of this regulation without due process. Such processes and procedures
prerequisite to discharge of any industrial waste or abnormal waste,
as distinct, involve service of written notice of request to discharge
to the POTW by the industrial user to the borough. On receipt of such
written notice, the borough shall advise the authorized representative
of the industrial user of data required to facilitate municipal review
of the potential to receive such industrial wastes with or without
pretreatment and/or equalization by the industrial user and the impacts
to result therefrom. All such data required by the borough including,
but not necessarily limited to, Standard Industrial Classification
(SIC), description of the process(es) producing the industrial waste,
quantification of the volume of wastes involved, and independent laboratory
analyses to confirm quantitative chemical composition of the industrial
waste stream, shall be acquired by and at the sole expense of the
industry proposing to discharge and filed with subsequent application
for permit to discharge.
(1)
On and after the effective date of this regulation,
a special industrial waste discharge permit is required for all industrial
establishments discharging or proposing to discharge industrial process
wastewaters to the public sanitary sewer system. No industrial waste
may be discharged to the public sewer system unless an industrial
waste discharge permit has been duly issued by the borough. Specifically,
no industrial establishment shall discharge industrial wastes to the
public system of sanitary sewers until written application for a permit
to discharge industrial wastes has been filed with and duly approved
by the Borough Council and permit/conditional discharge agreement
has been issued and duly executed between the borough and the industrial
user's authorized representative.
(2)
Applications for an industrial waste discharge permit
shall be in typewritten form and shall contain the following information
as a minimum:
(a)
Name of owner.
(b)
Name and address of industrial facility producing
the wastes and SIC designation(s).
(c)
Description of process(es) producing the waste
stream.
(d)
Plot plan to scaled dimensions showing on-site
plumbing in relation to process facilities and proposed connection
to public sanitary sewer system.
(e)
Volume, constituents, and chemical characteristics
of the proposed waste including average daily volume and peak rates
of flow to the public system. All wastewater characteristics shall
be established by independent laboratory analyses conducted in accordance
with Standard Methods procedures.
(f)
Detailed plan and mode of operation to be employed
to prevent accidental spills or discharge of prohibited materials
including elimination of or protection of potential entry points under
a Preparedness, Prevention and Contingency (PPC) Plan to be adopted,
implemented and practiced by the industry.
(3)
To expedite permit review/approval, industrial users
are encouraged to coordinate development of application data with
the borough's consulting engineers. Upon review of the application,
the borough may request additional information or approve or disapprove
the application. All borough decisions will be forwarded to the applicant
in writing. Where borough refusal of permit request is indicated,
an explanation of the conditions leading to such decision will be
given the applicant, as well as an opportunity for the applicant to
file additional data for borough review and/or to request a hearing
before the Borough Council, provided that written request for a hearing
is filed by the applicant/industry within 30 days of the date of decision
notice as issued by the borough. Any disagreements between the borough
and any industrial user which cannot be resolved locally to the satisfaction
of either party may be referred to the Pennsylvania Department of
Environmental Resources for review.
(4)
Upon receipt of adequate waste stream documentation,
the borough, with the advice of its consulting engineers, shall notify
the industrial establishment of borough decision to:
(5)
Borough Council decisions to approve any application
for industrial waste discharge(s) are directly dependent on numerous
factors, including but not necessarily limited to reliable, comprehensive,
and timely documentation of waste characteristics by the industrial
purveyor; determinations by the borough that such wastes, with or
without pretreatment and/or flow equalization, are amenable to treatment
in combination with domestic wastes at the receiving POTW; that adequate
surplus capacities are available in the public sanitary sewer system
or that the permittee will pay the capital value of required POTW
additions; and that the waste purveyor is a reliable entity prepared
to acquire on-site monitoring or other facilities at its expense and
pay its fair share of public sewer system operating and maintenance
costs. Additionally, wastes or establishments falling within categorical
standards as now or hereinafter promulgated by the U.S. Environmental
Protection Agency under 40 CFR 403 or statewide pretreatment regulations
as may be developed by the State of Pennsylvania will require the
purveyor of the proposed industrial waste to comply with all such
federal/state regulations and procedures prior to discharge to the
borough's public sanitary sewer system. Compliance with such federal/state
regulations will be viewed as a prerequisite to borough action to
authorize any industrial waste discharge from establishments subject
to categorical pretreatment standards. All such compliance actions
including, but not necessarily limited to, baseline reports, schedule
development, design and construction of pretreatment facilities, etc.,
will be accomplished by and at the sole expense of the industry and
without cost or obligation whatsoever unto the borough.
B.
Authorization. In any instance where the borough allows
an industrial waste discharge, such authorization for discharge will
be issued in the form of a conditional discharge agreement drawn by
the borough with the advice of its solicitor and consulting engineers
and executed by the purveyor of the industrial waste and the borough.
The conditional aspect of any such industrial waste discharge agreement(s)
shall reserve solely unto the borough the right to terminate the offering
of public sewer service to the industrial establishment at any time
upon determination of just cause and with reasonable advance notice
of intent to terminate.
(1)
By such agreement(s), the industrial discharger shall
assume the full burden and responsibility of and pay all costs related
to acquisition of regulatory agency support approvals, on-site pretreatment
and/or flow monitoring/regulating (equalization) facilities, independent
laboratory sampling, testing, and analyses services, source composite
sampling/testing equipment and systems, Preparedness, Prevention and
Contingency (PPC) Plan development and administration, and related
features or facilities as may be required by the borough or any state/federal
agency of jurisdiction. In addition, but not necessarily limited hereto,
agreement(s) for conditional discharge of industrial wastes shall
set sewer service charges and may impose special capital contribution
levies to be paid by the industrial user. Special capital contribution
levies, if any, against industrial establishments connecting after
the effective date of this regulation shall, subject to final determination
by the borough, be equivalent to the proportional principal amount
of debt redemption prepaid by the borough on the POTW capacity component
to be now obligated to and assumed by the industrial discharger, such
proportional factor to be the ratio of industry obligated flow and/or
organic capacity to the total design flow/organic capacities of the
receiving POTW. Sewer service charges will, in consideration of industrial
waste volumes and strengths, be set so as to adequately compensate
the borough for the industrial waste stream specific service rendered
to the industrial discharger in proportion to sewer service charges
then or thereafter in effect for domestic customers on the borough's
public sewer system. Capital contribution levies, if any, are payable
in full to the borough by the industrial user on or before the date
of first discharge to POTW pursuant to discharge agreement terms,
while industrial user charges are payable in accordance with terms
of billing and collecting in effect for all customers. The industrial
discharger shall own, operate, maintain, and pay all costs relating
to on-site facilities including pretreatment systems as required.
In addition, the industrial discharger shall be assessed and required
to pay the capital costs of expanded POTW facilities or special process
equipment/systems to the extent that the same are required in order
to provide capacity and capability within the POTW to accommodate
and treat the proposed industrial waste stream.
(2)
Industrial waste permits/agreements will be issued
conditionally for a two-year period subject to rights of cancellation
unto the borough at any time upon 10 days' advance notice of noncompliance
with permit limitations and/or conditions, and further subject to
revision or modification of permit terms or conditions at the borough's
option where required to reasonably protect the waters of the state.
(3)
Under any notification of noncompliance, the borough
may require immediate cessation of the industrial waste discharge
or portions thereof determined to be in violation, and/or the borough
may require the industry to submit a schedule for achievement of compliance
including steps or modifications to be taken to prevent recurrence.
Under conditions of noncompliance, continuance of discharge on a temporary
basis would be allowed by the borough only if the industry is actively
pursuing and making reasonable progress towards full compliance achievement.
Any borough notices hereunder shall be filed in writing and the industrial
establishment shall have 10 days from date of personal service of
such notice(s) to respond to the noted conditions of noncompliance.
Where industrial response is not received, public sewer service shall
be terminated.
(4)
Industrial waste permits/agreements, if issued by
the Borough Council, shall detail the requirements for on-site monitoring,
allowable flow/strength limitations, source pretreatment and/or flow
equalization prior to discharge to the public system of sanitary sewers,
procedures for notification and compliance, permit term and procedures
for renewal/revocation, and penalties for noncompliance. Any permit
so issued shall not be assigned, transferred, or sold without the
concurrence of the Borough Council. Each industrial discharger is
required to file for a permit modification prior to altering the waste
discharge characteristics or exceeding limitation imposed by permit
of record.
(5)
In addition, permits/agreements with industries shall
stipulate the specific amount of treatment plant hydraulic and organic
capacity allocated to the specific industrial waste source. Each permit
shall also require industrial establishment notification of the borough
immediately upon the accidental upset, spill, or discharge of wastes
in violation of permit or document limitations. The initial notice
of noncompliance shall be followed within 10 days of the date of occurrence
by a detailed written industry statement describing the cause(s) and
measures being taken to prevent recurrence. Such notifications shall
not, however, relieve the industrial account from full responsibility
for all damages or claims of any kind arising out of such noncompliance.
All industrial establishments shall conspicuously post throughout
their plant facilities notices advising employees of those persons
and/or agencies to contact in case of accidental discharge in violation
of this document or industrial waste discharge permits or agreements,
as applicable.
C.
Maintenance. Where pretreatment, flow equalization,
composite sampling, and/or flow metering facilities are required by
the borough in conjunction with granting of a permit for any industrial
waste stream, they shall be acquired, operated, and maintained continuously
in satisfactory and effective working order by and at the sole expense
of the owner of the industrial premises served.
D.
Control structure. The owner of any property serviced
by a building sewer carrying industrial wastes shall install a suitable
control manhole or structure together with such necessary meters and
other appurtenances in the building sewer as will be required by the
borough to facilitate observation, composite sampling, and flow measurement
of wastes. Such control structure and metering facilities shall be
accessible and safely located, and shall be constructed in accordance
with plans approved by the Borough Engineer. The control structure
and metering facilities shall be installed by the industrial user
at his expense, and shall be maintained by him so as to be safe, accessible,
and in good operating condition at all times.
E.
Violation. On and after the effective date of this
regulation, the discharge of industrial waste to the public sanitary
sewer system without a borough-issued permit/agreement authorizing
the same and state/federal regulatory agency approvals, as applicable,
shall constitute a violation hereof. Any such violation shall be processed
for remedy pursuant to the provisions hereof and penalty/damage assessments
as stipulated herein. Existing industrial establishments now connected
to the public sewer system and discharging untreated wastes without
having in place an agreement with the borough to do so shall within
90 days of the effective date of this article file a written request
to discharge with the borough, including all support documentation
required by the provisions of this regulation.
A.
Quantities. No user shall discharge or cause to be
discharged any pollutant or wastewater in such quantities which will
interfere with the operations and performance of the POTW. These general
prohibitions apply to all users of the POTW whether or not the user
is subject to National Categorical Pretreatment Standards.
B.
Waters not to be discharged to POTW. A user shall
not discharge any of the following described waters or wastes to the
POTW:
(1)
Any unpolluted stormwater, surface water, groundwater,
roof runoff, drainage, uncontaminated cooling water, or other unpolluted
industrial process waters.
(2)
Any liquids, solids, or gases which by reason of their
nature or quantity are or may be sufficient either alone or by interaction
with other substances to cause fire or explosion or be injurious in
any other way to the POTW or the processes of the POTW.
(3)
Any gasoline, kerosene, naphtha, benzene, toluene,
xylene, ethers, undistilled alcohols, ketones, aldehydes, peroxides,
chlorates, perchlorates, bromates, carbides, hydrides, sulfides, and
any other substances which the borough, the state, or the EPA has
notified the user is a flammable and/or explosive liquid, solid, or
gas fire hazard to the POTW.
(4)
Any waters or wastes containing toxic or poisonous
solids, liquids, or gaseous pollutants in sufficient quantity, either
singly or by interaction with other pollutant wastes, to: significantly
impair or interfere with any wastewater treatment process; constitute
a hazard to humans or animals; create a public nuisance, toxic effect,
or hazard in the receiving waters of the sewage treatment plant; exceed
a specified pollutant limitation in the wastes as discharged to the
public sewer; exceed a limitation set forth in Categorical Pretreatment
Standards; or be classified as a hazardous waste (unless approved
by contract).
(5)
Any waters or wastes having a pH lower than 6.0 or
higher than 9.0 or displaying any other corrosive property capable
of causing damage or hazard to structures, equipment and/or personnel
of the plant.
(6)
Any water or wastes at a flow rate and/or pollutant
level which is excessive over relatively short periods or classified
as a slug load, which are sufficient in the opinion of the borough
with advice of its consulting engineers to cause hydraulic overload,
interference and/or loss of treatment efficiency in the POTW.
(7)
Solid or viscous substances capable of impairing the
hydraulic capacity of the sewer system, or causing interference with
the proper operation of the POTW, such as, but not limited to: grease,
garbage with particles greater than 1/2 inch in any dimension, ashes,
cinders, sand, mud, straw, shavings, metal, glass, rags, feathers,
tar, wood, unground garbage, whole blood, paunch manure, hair and
fleshing, animal entrails or tissues, paper dishes, cups, milk containers,
plastics, inert materials, garden refuse, spent lime, grass clippings,
asphalt residues, and polishing wastes.
(8)
Any noxious or malodorous liquids, gases, or solids
which either singly or by interactions with other wastes are sufficient
to create a public nuisance or hazard to life or are sufficient to
prevent entry into the public sewers for normal maintenance and repair
purposes.
(9)
Any substances which may cause the POTW effluent or
any other product of the POTW, such as residues, sludges, or scums,
to be unsuitable for reclamation and reuse, or to detrimentally affect
solids processing or interfere with the reclamation process where
the POTW is pursuing a reuse and reclamation program. In no case shall
a substance discharged to the POTW cause the POTW to be in noncompliance
with sludge use or disposal criteria, guidelines, or regulations developed
under Section 405 of the Act and criteria, guidelines, or regulations
affecting sludge use or disposal development pursuant to the Solid
Waste Disposal Act, the Clean Air Act, the Toxic Substances Control
Act, or state criteria applicable to the sludge management methods
being utilized or implemented.
(10)
Any liquid or vapor having a temperature higher
than 150º F. (65º C.) or in such quantity that the temperature
of influent at the sewage treatment plant exceeds 104º F. (40º
C.).
(11)
Any water or wastes containing fats, wax, grease,
or oils in excess of 100 mg/l or containing substances which may solidify
or become viscous at temperatures between 32º and 150º F.
(0º and 65º C.)
(12)
Any liquid containing strong acid iron or similar
pickling wastes, or concentrated plating or stripping solutions and
residues.
(13)
Any waters or wastes containing iron, chromium,
copper, nickel, zinc, and similar heavy metals, phenols, or toxic/hazardous
substances as defined in Section 311(b)(4) of the Act, similar substances
subject to EPA toxicity testing procedures, and/or those which may
be subsequently declared for mandatory exclusion or pretreatment via
State of Pennsylvania Department of Environmental Resources pretreatment
regulations or Categorical Standards, promulgated by the EPA in accordance
with Section 307(b) and (c) of the Act, pursuant to federal regulation
40 CFR 403 in quantities exceeding values experienced with normal
domestic sewage.
(14)
Any water or wastes containing color in excess
of 150 true color units; subject, however, to limits of direct dilution
capabilities of the public sewer system as the borough may determine
with the advice of the Borough Engineer and the State of Pennsylvania
Department of Environmental Resources in order to protect the receiving
waters.
(15)
Any waters or wastes exceeding the average strengths
and composition of sanitary sewage as defined herein, except by borough-issued
permit.
(16)
Any waters or wastes containing radioactive
materials or isotypes of such half-life or concentration as may exceed
limits set by the borough in compliance with applicable state/federal
regulations as now, or hereinafter, in effect.
(17)
Waters or wastes containing any substances which
are not amenable to treatment or biological reduction by the POTW
process employed, or are amenable to treatment only to such degree
that the sewage treatment plant effluent cannot meet the requirements
of regulatory agencies having jurisdiction for establishment and enforcement
of effluent quality limitations for POTW discharges to receiving waters.
(18)
Any waters or wastes specifically or categorically:
(a)
25.0 mg/l Aluminum (total).
(b)
5.0 mg/l Arsenic (total).
(c)
100.0 mg/l Barium (total).
(d)
1.3 mg/l Cadmium (total).
(e)
4.0 mg/l Chrome (total).
(f)
3.0 mg/l Copper (total).
(g)
5.0 mg/l Cyanide (total).
(h)
5.0 mg/l Iron (total).
(i)
2.0 mg/l Lead (total).
(j)
1.0 mg/l Mercury (total).
(k)
4.0 mg/l Nickel (total).
(l)
15.0 mg/l Phenolic compounds which cannot be
removed by the borough's wastewater treatment processes.
(m)
15.0 mg/l Phosphates.
(n)
1.0 mg/l Selenium (total).
(o)
5.0 mg/l Silver (total).
(p)
2.0 mg/l Tin (total).
(q)
3.0 mg/l Zinc (total).
(r)
100.0 mg/l fats, oils and grease.
A.
Special agreements. No statement contained in these
regulations shall be construed as preventing any special agreement
or arrangement between the borough and any industrial user whereby
compatible industrial waste discharges of unusual strength or character
may be accepted by the borough for treatment, subject to borough-stipulated
capital and usage changes by the industrial user. However, in no instance
will a waiver be granted by the borough which would result in a violation
of any federal, general, or categorical pretreatment standard or prohibition
then in effect or subsequently promulgated.
B.
Waivers. The borough does reserve the right to grant a waiver to any person for any specific limit contained in § 205-17B(1) through (18), when it can be demonstrated by the industrial user to the satisfaction of state/federal regulatory agencies of jurisdiction that such waiver will not result in contravention of state receiving water quality standards, violation of any of the remaining prohibited discharges as set forth in said § 205-17B(1) through (18), cause interference of the borough's POTW facilities, or adversely impact on borough sludge disposal. The following factors may be used in granting waivers:
(1)
Compliance with the limit would result in a removal
cost wholly out of proportion to the environmental benefits achieved.
Representatives of the Commonwealth of Pennsylvania
Department of Environmental Resources, United States Environmental
Protection Agency and the borough's designated agents, manager, employees,
building sewer inspector(s) and/or borough engineers, bearing proper
credentials and identification, shall be permitted to enter all properties
for purposes of inspection, observation, measurement, sampling, and
testing in accordance with the provisions of this regulation. However,
no state, federal, or borough representative is with authorization
to inquire into any proprietary processes including, but not necessarily
limited to, metallurgical, chemical, oil refining, ceramic, fruit
processing, paper, or other industries, beyond that point having a
direct bearing on the kind, source, quantity, and qualities of waste
discharges to the public sanitary sewers for waste treatment by the
borough POTW.
Any person or party violating any of the provisions
of this regulation shall, upon conviction before a District Magistrate
having jurisdiction, be subject to a fine or penalty of not less than
$25 nor more than $500 for each offense, to be collected as fines
or penalties as recoverable by law, and whenever such person or party
shall have been notified in writing by the borough or by the service
of a summons in a prosecution that they are violating a provision
of this regulation, each day that such person or party will continue
such violation after such notice shall constitute a separate offense
punishable by a like fine or penalty. In addition to fines or penalties
imposed, persons or parties violating any provision of this regulation
shall pay attorneys' fees and related expenses of litigation incurred
by the borough in conjunction with appropriate suit(s) at law against
such persons or parties found to have violated this regulation or
any provision hereof.
