Article V Sewer Use

[Adopted 3-9-1998 by Ord. No. A-929]

The objectives of this article are:

To prevent the introduction of pollutants into the Borough of Kane's (borough) wastewater collection and treatment system which will interfere with its operation, contaminate the biosolids generated at the wastewater treatment plant, or will otherwise be incompatible with the system.

(2)

To prevent the introduction of pollutants into the borough's wastewater collection and treatment system which will be inadequately treated and thus will pass through the system into the receiving waters or the atmosphere

(3)

To protect the environment, the general public and borough personnel against the hazards associated with discharges of toxic or otherwise incompatible pollutants into the sewer system.

(4)

To improve the opportunity to recycle and reclaim industrial wastewaters and biosolids from the wastewater treatment system.

(5)

To provide for equitable distribution of the cost for the development and implementation of the borough's Industrial Pretreatment Program, and other improvements to the wastewater collection and treatment system.

(6)

To help assure borough compliance with its National Pollutant Discharge Elimination System (NPDES) permit, biosolids use and disposal requirements, the Clean Water Act, the general pretreatment regulations, and any other state or federal laws with which the borough must comply.

This article will be implemented by the borough through issuance of permits to those industrial/commercial users deemed a significant industrial user, through monitoring, reporting, and enforcement of this article with these significant industrial users; and through enforcement of general requirements for all other users. This article also assumes that the capacity of the sewer system allocated to existing customers will not be preempted, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

This article shall apply to persons located both within and outside the borough's political jurisdiction, who are users or significant industrial users of the collection system serviced by the borough. Except as otherwise provided herein, the provisions of this article shall be administered and enforced by the borough.

Nothing contained in this article shall be construed as preventing any special agreement or arrangement between the borough and any significant industrial users within the borough, allowing a waste of unusual strength or character to be accepted by the borough through special agreements in writing, executed prior to such acceptance, containing safeguards, limitations, and conditions acceptable to the borough. Any such agreement or arrangement shall not allow a discharge that exceeds categorical standards.

§ 205-33 Definitions.

Unless the context specifically indicates otherwise, the following terms and phrases as used in this article shall have the meanings hereinafter designated:

ACT or THE ACT

The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 53 U.S.C. § 1251 et. seq.

APPROVAL AUTHORITY

The United States Environmental Protection Agency (EPA).

AUTHORIZED REPRESENTATIVE OF A SIGNIFICANT INDUSTRIAL USER

If the user is a corporation, a responsible corporate officer is: a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or the manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

If the user is a local, state or federal governmental agency: a director or highest appointed official designated to oversee the operation and performance activities of the facility, or his designee.

A duly-authorized representative of the individual designated in Subsection A through C above if:

(1)

The authorization is made in writing by the individual described in Subsection A or B;

(2)

The authorization specifies either an individual or a position having overall responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and

(3)

The written authorization is submitted to the borough.

BIOCHEMICAL OXYGEN DEMAND (BOD)

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20º C., expressed in terms of weight and concentration [milligrams per liter (mg/l)].

BOROUGH

The Borough of Kane, which owns and operates the wastewater collection and treatment system for which this article governs.

BUILDING SEWER

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

CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARDS

Any regulation containing pollutant discharge limitations promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act and which appear in 40 CFR Chapter I, Subchapter N, or 40 CFR 401-471.

COMPATIBLE POLLUTANT

A pollutant for which the borough's Wastewater Treatment Plant was specifically designed to treat and remove such as Biochemical Oxygen Demand (BOD5), Total Suspended Solids (TSS), Ammonia Nitrogen (NH3-N), Total Phosphorus (P), and to a lesser degree oil and grease.

CONTRIBUTING MUNICIPALITY

A municipal body which owns and/or operates central collection sewers which discharge into the borough's wastewater collection and treatment system.

CONTROL AUTHORITY

Refers to the Wastewater Treatment Plant Superintendent, since the borough has an approved pretreatment program under the provisions of 40 CFR 403.11.

COOLING WATER

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

DIRECT DISCHARGE

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

ENFORCEMENT RESPONSE PLAN (ERP)

A plan developed by the borough which details the response which will be taken by the borough for various violations of these rules and regulations, a Categorical Pretreatment Standard, or any other applicable law.

ENVIRONMENTAL PROTECTION AGENCY (EPA)

The U.S. Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said agency.

EQUIVALENT DWELLING UNIT (EDU)

Any source of wastewater into the borough sewer system which has the following typical wastewater characteristics:

Type	Amount
Flow	275 gpd
Ammonia-Nitrogen	25 mg/l as N
BOD	250 mg/l
Phosphate	10 mg/l as P
Suspended Solids	250 mg/l
TKN	40 mg/l as N

EXISTING SOURCE

Any user of the borough's wastewater collection and treatment system which commenced operation prior to the publication by the EPA of proposed Categorical Pretreatment Standards, which will be applicable to that user after final EPA promulgation of such standards in accordance with Section 307 of the Act.

GRAB SAMPLE

A sample which is taken from a waste stream on a one-time basis over a period of time not to exceed 15 minutes, with no regard to the flow in the waste stream.

HOLDING TANK WASTE

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

INDIRECT DISCHARGE

The discharge or the introduction of pollutants into the collection system, including holding tank waste discharged into the system as outlined in 40 CFR 403.31(g) and Sections 307(b), (c) and (d) of the Act.

INDUSTRIAL USER

Any non-domestic source of indirect discharge to the borough's sewer system.

INTERFERENCE

A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the wastewater collection and treatment system treatment processes, operations, or its biosolids processes, use or disposal; and therefore is a cause of a violation of any requirement of the borough's treatment plant NPDES permit, including an increase or duration of the violation. The term includes prevention of biosolids use, biosolids processes, or disposal by the receiving treatment facility in accordance with Section 405 of the Act (33 U.S.C. § 1345) 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, including those contained in any state biosolids management plant prepared pursuant to Title IV of SWDA applicable to the method of disposal or use employed by the receiving treatment facility.

NATIONAL CATEGORICAL PRETREATMENT STANDARD

Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1347), and which applies to a specific category of industrial users.

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT

A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

NEW SOURCE

Any user of the borough's wastewater collection and treatment system which commenced operation after the publication by the EPA of proposed Categorical Pretreatment Standards, which will be applicable to that user after final EPA promulgation of such standards in accordance with Section 307 of the Act, provided that:

(1)

The building, structure, facility, or installation from which the discharge originates is constructed at a site at which no other source is located;

(2)

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

(3)

The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site.

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 this Subsection A above but otherwise alters, replaces, or adds to existing process or production equipment.

Construction of a new source as defined under this section has commenced if the owner or operator has:

(1)

Any placement, assembly, or installation of facilities or equipment;

(2)

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

(3)

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 period of 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 section.

PASS-THROUGH

A discharge which exits the borough's treatment plant into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the borough'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, any other legal entity, or any of their legal representatives, agents or assigns. The masculine gender shall include the feminine. The singular shall include the plural where indicated by the context.

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

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, sewage, garbage, biosolids, 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.

PRETREATMENT or TREATMENT

The reduction of the amount of pollutants, the elimination of pollutants, the alteration of the nature 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 the borough's wastewater collection and treatment system. The reduction or alteration can be obtained by physical, chemical, or biological processes, or by process changes, or by other means, except as prohibited by CFR Section 403.6(d).

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard, imposed on a user by the borough.

PRETREATMENT STANDARDS

Any prohibited discharge standards, categorical pretreatment standards, or local limits.

SIGNIFICANT INDUSTRIAL USER

Any industrial/commercial user of the borough's wastewater collection system who:

Is subject to Categorical Pretreatment Standards.

Discharges an average of 25,000 gallons per day process wastewater to the borough's collection and treatment system.

Contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the borough treatment plant.

Is designated as such by the borough on the basis that the user has a reasonable potential for adversely affecting the operation of the treatment plant, the quality of the biosolids generated at the borough's WWTP, or for violating any pretreatment standard or requirement.

SIGNIFICANT INDUSTRIAL USER PERMIT

A permit issued by the borough to an industrial/commercial user in accordance with § 205-48 of this article.

SIGNIFICANT NONCOMPLIANCE

An industrial user is in significant noncompliance if his violations meet one or more of the following criteria:

Chronic violations of wastewater discharge limits, defined as those in which 66% or more of all the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;

Technical review criteria (TRC) violations, defined as those violations in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily average maximum limit or the average limit times the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);

Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the borough determines has caused, alone or in combination with other discharges, an interference, pass-through, or upset at the treatment plant (including endangering the health of borough personnel or the general public);

Any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or to the environment or has resulted in the borough exercising its emergency authority under 40 CFR 403, paragraph (f)(1)(vi)(B), to halt or prevent such a discharge;

Failure to meet, within 90 days after the scheduled date, a compliance schedule date or a compliance schedule milestone contained in a local control mechanism or enforcement action for starting construction, completing construction, or attaining final compliance;

Failure to accurately report incidents of noncompliance; or

Any other violation or group of violations that the borough determines will adversely affect the overall implementation of its industrial pretreatment program.

SLUG CONTROL PLAN

All significant industrial users are required to submit to the borough a Slug Control Plan which meets the criteria set forth in § 205-41 of this article.

SLUG DISCHARGE or SLUG LOAD

Any intentional or accidental discharge at a flow rate or concentration which could cause a violation of any pretreatment standard set forth in accordance with § 205-35 of this article, or in Section 403.5 of the General Pretreatment Regulations.

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget 1972.

STATE

Commonwealth of Pennsylvania.

STORMWATER

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

SUPERINTENDENT

The person designated by the borough to supervise the operation of the treatment system 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 or suspended in water, wastewater or other liquids and which is removable by laboratory filtering.

TOXIC POLLUTANT

Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the EPA under the Clean Water Act, or other acts promulgated by the federal or state governments.

USER

Any person who contributes, causes, or permits the contribution of wastewater into the borough collection and treatment system, including those person(s) who distribute drinking water in the borough's service area.

WASTEWATER

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

WATERS OF THE STATE

All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulation 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.

§ 205-34 Abbreviations.

The following abbreviations shall have the designated meanings:

BOD	—	Biochemical Oxygen Demand
CFR	—	Code of Federal Regulations
COD	—	Chemical Oxygen Demand
CWA	—	Clean Water Act
EPA	—	U.S. Environmental Protection Agency
mg/l	—	Milligrams per liter
O&M	—	Operation and Maintenance
NPDES	—	National Pollutant Discharge Elimination System
Borough	—	Borough of Kane
SIC	—	Standard Industrial Classification
SWDA	—	Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
USC	—	United States Code
TKN	—	Total Kjeldahl Nitrogen
TSS	—	Total Suspended Solids

§ 205-35 Prohibited discharges into wastewater system.

No user or significant industrial user may contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will cause a pass-through or interference in the borough's wastewater collection and treatment system, will create a hazard to the environment, the general public or borough personnel, or will cause the borough to violate any General Pretreatment Regulation, NPDES permit or biosolids requirement. These general prohibitions apply to all such users of a wastewater collection and treatment system, whether or not the user is subject to National Categorical Pretreatment Standards or any other national, state or local pretreatment standards or requirements.

A user or significant industrial user may not contribute the following substances to any wastewater collection and treatment system:

(1)

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 wastewater collection and treatment system or to the operation of the wastewater collection and treatment system. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the system (or at any point in the system) be more than 5%, nor any single reading over 10% of the lower explosive limit (LEL). Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, hydrides, sulfides, aldehydes, peroxides, chlorates, perchlorates, bromates and carbates, and any other substance which presents a fire hazard or other hazard to the sewer system, including any material or waste stream exhibiting a closed cup flashpoint of less than 140º F. (i.e., waste streams whose vapors ignite or burn at temperatures below 140º F.).

(2)

Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, such as, but not limited to, grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides, fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, mud, glass grinding, polishing wastes, petroleum oil, non-biodegradable cutting oil or mineral oil products which will interfere or cause pass-through at the borough's treatment plant.

(3)

Any wastewater having a pH less than 5.0, or greater than 9.0, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the wastewater collection and treatment system.

(4)

Any wastewater containing toxic pollutants in sufficient quantity, either alone or in conjunction with other pollutants, that will cause a pass-through or interference in the borough's wastewater collection and treatment system, will create a hazard to the environment, the general public or borough personnel, or will cause the borough to violate any General Pretreatment Regulation, NPDES permit or biosolids requirement. These general prohibitions apply to all such users of a wastewater collection and treatment system, whether or not the user is subject to National Categorical Pretreatment Standards or any other national, state or local pretreatment standards or requirements. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Act.

(5)

Any noxious or malodorous liquids, gases, vapors, solids or fumes which, either alone or in conjunction with other wastes, are sufficient to create a public nuisance or hazard to life, cause health and safety problems, or are sufficient to prevent entry into the sewers for maintenance and repair.

(6)

Any substance which may cause the wastewater collection and treatment system's effluent or any other product of the wastewater collection and treatment system such as residues, biosolids, or scums to be unsuitable for reclamation and reuse, or to interfere with the reclamation process. In no case shall a substance discharged to the wastewater collection and treatment system cause the wastewater collection and treatment system to be in noncompliance with biosolids use or disposal criteria, guidelines, or regulations developed under Section 405 of the Act; any criteria, guidelines, or regulations developed under Section 405 of the Act; any criteria, guidelines, or regulations affecting biosolids use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act, or state criteria applicable to the biosolids management method being used.

(7)

Any substance which will cause the borough to violate its NPDES permit or the receiving of stream water quality standards.

(8)

Any wastewater with objectionable color not removed in the treatment process such as, but not limited to, dye wastes and vegetable tanning solutions.

(9)

Any wastewater having a temperature which will inhibit biological activity in the wastewater collection and treatment system treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the wastewater collection and treatment system which exceeds 40º C. (104º F.).

(10)

Any pollutants, including oxygen demanding pollutants (BOD, COD, etc.), released at a flow rate and/or pollutant concentrations which cause interference to the wastewater collection and treatment system. In no case shall a slug load have a flow rate or contain concentrations or quantities of pollutants that exceed for any time period longer than 15 minutes more than five times the average twenty-four-hour concentration, quantities, or flow during normal operation.

(11)

Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Manager in compliance with applicable state or federal regulations.

(12)

Any wastewater which causes a hazard to human life or creates a public nuisance.

(13)

Stormwater, groundwater, roof runoff, subsurface drainage, or cooling water.

(14)

Trucked or hauled wastes except at a point of discharge indicated by the Wastewater Treatment Plant Superintendent or his duly authorized agent.

When the borough determines that a user or significant industrial user is contributing to the wastewater collection and treatment system any of the above-enumerated substances in such amounts as to interfere with the operation or cause pass-through of the system, the borough shall advise the user of the impact of such contribution on the wastewater collection and treatment system, and develop effluent limitations for such user to correct the violation.

The borough may also take enforcement action(s) against the noncomplying user or significant industrial user, whether or not the user or significant industrial user was given prior notification of the violation by the borough.

§ 205-36 Federal Categorical Pretreatment Standards.

Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall immediately supersede the limitations imposed under this article. Each user or significant industrial user shall be responsible to notify the borough of changes to his status under the federal, state, or local regulations. The National Categorical Pretreatment Standards found in 40 CFR 405-471 are hereby incorporated into this article.

Where a categorical pretreatment standard is expressed only in terms of the mass or the concentration of a pollutant in wastewater, the Superintendent may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).

When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Superintendent shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(c).

A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by the EPA when developing the categorical pretreatment standard.

A user may obtain a net gross adjustment to a categorical standard from the EPA in accordance with 40 CFR 403.15.

§ 205-37 Modification of Federal Categorical Pretreatment Standards.

Where the borough's wastewater treatment plant achieves consistent removal of pollutants limited by Federal Pretreatment Standards, the borough may apply to the approval authority for modifications of specific limits in the Federal Pretreatment Standards. "Consistent removal" shall mean the reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater collection system to a less toxic or harmless state in the effluent which is achieved by the system in 95% of the samples taken when measured according to the procedures set forth in Section 403.7(c)(2) of Title 40 of the Code of Federal Regulations, Part 403, General Pretreatment Regulations for Existing and New Sources of Pollution, promulgated pursuant to the Act. The borough may then modify pollutant discharge limits in the Federal Pretreatment Standards if the requirements contained in 40 CFR 403.7, are fulfilled, and prior approval from the approval authority is obtained.

§ 205-38 Specific pollutant limitations.

All wastewater entering the borough's collection system shall be pretreated to typical domestic levels unless otherwise stated in writing by the borough by way of the significant industrial user permit.

Typical domestic levels for compatible pollutants shall be:

	Parameter	Maximum Concentration (mg/l)
	BOD	250
	TSS	250
	Phosphorus (Otal as P)	10
	Ammonia Nitrogen (NH3-N)	25 as N
	Total Kjedahl Nitrogen (TKN)	40 as N
	Oil and grease	100

In additional, no user shall contribute toxic pollutants to the borough's sewer system in excess of the following:

	Parameter	Maximum Concentration (mg/l)
	Arsenic	0.01
	Cadmium	0.01
	Chromium (total)	2.00
	Copper	0.5
	Lead	0.05
	Mercury	0.001
	Molybdenum	0.01
	Nickel	2.50
	Silver	0.05
	Zinc	3.00
	Cyanide (total)	1.00

§ 205-39 Borough's right of revision.

The borough reserves the right to require any contributing municipalities to establish, by ordinance, limitations or requirements at least as stringent as the borough's for users whose wastewater is ultimately treated at the borough's wastewater treatment plant, in order to comply with the objectives presented in § 205-32 of this article.

§ 205-40 Dilution.

No user or significant industrial 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 to achieve compliance with the limitations contained in the Federal Categorical Pretreatment Standards, or with any other pollutant-specific limitation developed by the borough, state, or federal agencies.

§ 205-41 Accidental or slug discharge.

Each significant industrial user shall provide protection from accidental or slug discharge of prohibited materials or other substances regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's or significant industrial user's own cost and expense. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the borough of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions taken to minimize and eliminate the violation.

In addition, the borough will evaluate at least once every two years whether a significant industrial user needs to develop or update a Slug Control Plan. Detailed Slug Control Plans showing facilities and operating procedures to provide slug control protection shall be submitted to the borough for review and approval prior to implementation. A Slug Control Plan shall contain, at a minimum, the following information:

(1)

A description of discharge practices, including routine or non-routine batch discharges.

(2)

A description of new and spent chemical storage procedures.

(3)

Procedures for immediately notifying the Wastewater Treatment Plant Superintendent of any accidental or slug discharge, including personnel responsible for such notifications.

(4)

Procedures to prevent adverse impact from an accidental or slug discharge. Such procedures shall include, but are not limited to, inspection and maintenance of chemical storage areas, handling and transferring of raw and finished products and chemicals, control of site runoff, worker training, building of containment structures, available containment equipment and contacted environmental services which assist the user to fulfill these plans.

A significant industrial user who commences contribution to the wastewater collection and treatment system after the effective date of this article shall not be permitted to introduce pollutants into the system until a Slug Control Plan has been approved by the borough. Review and approval of such plans and operating procedures shall not relieve the significant industrial user from the responsibility to modify his facility, as necessary, to meet the requirements of this article.

§ 205-42 Written report.

Within five days following an accidental discharge, the significant industrial user shall submit to the borough a detailed written report which shall contain the following information:

(1)

The cause of the noncompliance.

(2)

The approximate time that the accidental discharge had occurred and when it was corrected.

(3)

The steps taken by the user to reduce and minimize the impact of the noncompliance.

(4)

The steps taken by the user to prevent a reoccurrence of the conditions which caused or led to the accidental or slug loading.

Such report shall not relieve the significant industrial user of any fines, civil penalties, or other liability which may be imposed as described in this article, the borough's Enforcement Response Plan, or any other applicable law.

§ 205-43 Notice to employees.

A notice shall be permanently posted on the significant industrial user's bulletin board or other prominent place advising employees whom to call in the event of an accidental or slug discharge. Employers shall ensure that all employees who may be involved with hazardous materials are aware of such emergency notification procedures.

§ 205-44 Fees.

Purpose. It is the purpose of this section to provide for the recovery of costs from users and significant industrial users of the borough's treatment system for the implementation of the program established herein. The applicable charges or fees shall be set forth in the borough's Schedule of Charges and Fees.

Charges and fees.

(1)

The borough may adopt charges and fees (after a reasonable public notification period) which may include:

(a)

Fees for reimbursement of the costs of setting up and operating the borough's Industrial Pretreatment Program.

(b)

Fees for monitoring, inspections, and sampling associated with the Industrial Pretreatment Program.

(c)

Fees for reviewing accidental discharge procedures and construction plans.

(d)

Fees for review of permit applications.

(e)

Fees associated with the review of permit appeals.

(f)

Fees for consistent removal by the borough of pollutants otherwise subject to Federal Pretreatment Standards.

(g)

Other fees the borough may deem necessary to carry out the requirements contained herein.

(2)

These fees relate solely to the matters covered by this article and are separate from all other fees charged by the borough.

§ 205-45 Wastewater dischargers.

It shall be unlawful to discharge any wastewater to any sanitary sewer in any area under the jurisdiction of, or within the service area of, the Borough of Kane, except as authorized in writing by the borough in accordance with the provisions of this article. The borough may require any unpermitted or permitted users of the sewer system to provide any information needed to determine compliance with this article or other applicable local, state, or federal laws, rules and regulations. These requirements include, but are not limited to:

(1)

Wastewater discharge peak rate and volume records over a specified time period.

(2)

Information on raw materials, processes, and products affecting wastewater volume and quality.

(3)

Quantity and disposition of specified liquid, biosolids, oil, solvent, or other materials which may impact the operation of the borough's sewer system.

(4)

A plot plan of all sewer facilities on the user's property including the number and location of all sewer lateral connections to the borough's sewer system.

(5)

Details of control measures taken by the user to prevent and control stormwater, drainage, roof runoff, from entering the borough's sewer system.

(6)

Details of any significant changes to the nature or quantity of their discharge, including increased flows of 25% or more, or the promulgation of a categorical pretreatment standard which applies to their discharge.

All users must notify the borough, EPA and the PADEP of discharges to the sewer system which, if disposed of in any other manner, would be considered a hazardous waste under federal regulations 40 CFR 261.

Costs incurred for developing the information described above shall be paid by the user, and are in addition to all other sewer use, permit and surcharge fees charged by the borough.

The user shall be responsible for obtaining and submitting all applicable borough, county, regional, state or federal permits or planning documents required for approval of a sewer connection.

§ 205-46 Significant industrial user permits; fee.

All users proposing to, or already connected into the borough's sewer system, which are deemed a significant industrial user through borough review of the waste questionnaire or permit application, must obtain a Wastewater Contribution Permit from the borough prior to commencing discharge. In addition, whenever an existing insignificant industrial user becomes subject to a new National Categorical Pretreatment Standard, the user must reapply to the borough for a significant industrial user Wastewater Contribution Permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard.

Permit application.

(1)

Any user required to obtain a significant industrial user permit shall complete and file with the borough an application in the form prescribed by the borough, accompanied by the required permit filing fee. In support of the application, the significant industrial user shall submit in units and terms appropriate for evaluation, the following information:

(a)

Name, address and location of the facility (if it is different from the address).

(b)

SIC number, according to the Standard Industrial Classification Manual, Bureau of the Budget 1972, as amended.

(c)

Wastewater constituents and characteristics, including but not limited to those parameters listed in §§ 205-35 through 205-43 of this article, as determined by an approved analytical laboratory. This sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act, and contained in 40 CFR 136, as amended.

(d)

Time and duration of wastewater contribution.

(e)

Average daily and thirty-minute peak wastewater flow rates, including daily, monthly, and seasonal variation, if any.

(f)

Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation.

(g)

Description of activities, facilities and plant processes on the premises, including all materials which have a potential for entering the sewer system either accidentally or on purpose.

(h)

The nature and concentration of any pollutants in the discharge which are limited by any borough, state or Federal Pretreatment Standards; and a statement regarding whether or not the pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M), source reduction efforts and/or additional pretreatment is required for the significant industrial user to meet applicable pretreatment standards.

(i)

If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the schedule by which the significant industrial user will provide such additional pretreatment. For significant industrial users subject to Federal Categorical Standards, the completion date in this schedule can be no later than the compliance date established by the EPA for the applicable pretreatment standard. The following shall also apply to this schedule:

[1]

The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment facilities required for the significant industrial user to meet the applicable pretreatment standards. This may include dates for installing a sampling manhole, hiring an engineer, completing preliminary plans, completing final plans, executing a contract for major components, commencing construction, completing construction, etc.

[2]

No increment referred to in Subsection A(1)(i)[1] shall exceed nine months.

[3]

No later than 14 days following each date in the schedule and the final date for compliance, the significant industrial user shall submit a progress report to the borough, including, as a minimum, whether or not it complied with the increment of progress to be met on such date, and, if not, the date on which it expects to comply with this increment of progress; the reason for delay, and the steps being taken by the significant industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the borough.

[4]

Each product produced by type, amount, process or processes, and rate of production shall be required.

[5]

Type and amount of raw materials processed (average and maximum per day) shall be required.

[6]

Number and type of employees, the hours of plant operation and the proposed or actual hours or pretreatment system operation shall be required.

[7]

Any other information as may be deemed by the borough necessary in evaluating the permit application shall be required.

(j)

A list of all other environmental control permits held by or for the facility.

(2)

The borough will evaluate the data furnished by the significant industrial user and will notify the user of any additional information necessary to complete the application review process. After evaluation and acceptance of the data supplied, the borough may approve the issuance of a significant industrial user permit subject to terms and conditions provided herein.

Permit conditions. Significant industrial user permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the borough by way of separate ordinances. The permit may contain, but is not limited to, the following requirements:

(1)

Statement of duration.

(2)

Statement on nontransferability.

(3)

All applicable pretreatment standards for their discharge.

(4)

Limits on average and maximum flow rate and time of discharge, or requirements for flow regulations and equalization.

(5)

Requirements for installation and maintenance of inspection and sampling facilities.

(6)

Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types, and standards for tests and reporting schedule.

(7)

Compliance schedules.

(8)

Requirements for submission of technical reports or discharge reports (see Subsection C).

(9)

Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the borough, and affording the borough access thereto.

(10)

Requirements for prior notification of the borough of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater collection system.

(11)

Requirements for notification of slug discharges as per § 205-41.

(12)

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

(13)

Statement of all applicable civil or criminal penalties for noncompliance.

(14)

Other conditions as deemed necessary by the borough to ensure compliance with this article.

Reporting requirements in permits.

(1)

Compliance data report.

(a)

Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of new source, following commencement of the introduction of wastewater into the sewer system, any significant industrial user subject to Federal Categorical Pretreatment Standards shall submit to the borough a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis, and, if not, what additional O&M and/or pretreatment is necessary to bring the significant industrial user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the significant industrial user and certified by a qualified professional engineer.

(b)

Based on the review of this data, the borough may reissue the Wastewater Contribution Permit for this significant industrial user as soon as possible after incorporating the applicable standards.

(2)

Periodic compliance reports.

(a)

Every significant industrial user shall have their wastewater sampled and analyzed at a frequency specified in the Wastewater Contribution Permit. The frequency and number of pollutants analyzed for will be specific for each industry. The borough may at any time require the significant industrial user to perform additional sampling if it believes the conditions of this article are not being met. The significant industrial user must submit to the borough during the months of June and December, unless required more frequently by the borough, an update report indicating any process, production or flow rate changes which occurred during the previous six-month period. This report will also include a record of all daily flow which, during the reporting period, exceeded the average daily flow allowed in the contract. At the discretion of the borough and in consideration of such factors as local high or low flow rates, holiday, budget cycles, etc., the borough may agree to alter the months during which the above reports are to be submitted. In the event that the results of the analysis exceed the pretreatment standards given in the Wastewater Contribution Permit, the permittee shall provide immediate verbal notification to the Borough of Kane WWTP Superintendent. The permittee shall also repeat sampling and analysis and submit the results of the analyses to the Borough of Kane WWTP Superintendent within 30 days after becoming aware of the violation(s).

(b)

The borough may impose mass limitations on significant industrial users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection C(2)(a) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the significant industrial user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration or production and mass of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed by the borough in the Wastewater Contribution Permit. All analyses shall be performed in accordance with procedures established pursuant to Section 304(g) of the Act, and contained in 40 CFR 136 and amendments thereto, or with any other EPA-approved test procedures. Sampling shall also be performed in accordance with approved techniques.

Permit duration. Permits shall be issued by the borough for a specified time period, not to exceed five years. All significant industrial users shall apply for a re-issuance of their Wastewater Contribution Permit a minimum of 180 days prior to the expiration of their existing permit. The terms and conditions of the permit may be subject to modification by the borough during the term of the permit, as limitations or requirements as identified it Subsection C(2)(b) are modified or other just cause exists. A significant industrial user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Where necessary, a schedule for complying with these changes or new conditions may also be issued by the borough.

Permit modifications. Upon the promulgation of a National Categorical Pretreatment Standard, a significant industrial user subject to such standards shall have his Wastewater Contribution Permit revised to require compliance with such standards.

Permit transfer. Wastewater Contribution Permits are issued to a specific significant industrial user for a specific operation. These permits shall not be reassigned, transferred, or sold to a new owner, or significant industrial user, different premises, or used for a new or changed operation.

Signatory requirement. All reports, applications or other information required to be submitted under this article shall be signed by an authorized representative of the industrial user and shall contain the following certification:

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 ensure 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.

§ 205-47 Sampling requirements.

All measurements, tests and analyses required for determining the characteristics of waters and wastewaters to which reference is made in this article shall be performed in accordance with 40 CFR 136. Sampling methods, locations, times, durations and frequencies are to be determined on an individual basis, and will be specified in the individual Wastewater Contribution Permits issued to the significant industrial users. SIUs which sample more frequently than the requirements given in their Wastewater Contribution Permit must submit copies of all such results to the borough.

§ 205-48 Monitoring facilities.

The Wastewater Treatment Plant Superintendent shall inspect the facilities of any significant user to ascertain whether the purpose of this article is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the borough's representative ready access during all working hours to all parts of the premises for the purposes of inspection, sampling, records examination and/or copying, or in the performance of any of his duties. The borough has the right to set upon a significant industrial user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring, and/or metering operations. Where a significant industrial user has security measures in force which require proper identification and clearance before entry into his premises, the significant industrial user shall make necessary arrangements with his security guards so that upon presentation of suitable identification, personnel from the borough, PADEP or the EPA will be permitted to enter without delay, for the purposes of performing their specific responsibilities.

§ 205-49 Pretreatment.

Users and significant industrial users shall provide necessary wastewater treatment as required to comply with this article any applicable Federal Categorical Pretreatment Standards within the time limitations as specified by the borough or in the Federal Pretreatment Regulations. Any equipment or facilities required to pretreat wastewater to a level acceptable to the borough shall be provided, operated and maintained at the user's expense. The borough may require that detailed plans showing the pretreatment facilities and operating procedures be submitted to the borough for review and shall be deemed acceptable to the borough before construction of the facility. The review of such plans and operating procedures will in no way relieve a user from the responsibility of modifying his facility as necessary to produce an effluent acceptable to the borough under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation, or any change which may result in a new or increased discharge of pollutants, shall be reported to and be accepted by the borough prior to the user's or significant industrial user's initiation of the changes.

§ 205-50 Recordkeeping requirements.

Users subject to the recordkeeping requirements of this section shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring or reporting requirements required in this article, including any monitoring activities undertaken by the user independent of these requirements. Records shall include the exact date and time of sampling, the date and time of analysis, the name of the person(s) collecting and analyzing all samples, the methodology used in analyzing the samples, and the results of these analyses. These records should be made available for a minimum of three years. In the matters of litigation between the user and the borough, or where specifically required by the EPA, the retention period is extended. All records relating to compliance with pretreatment standards shall be made available to the borough, PADEP or EPA upon request.

§ 205-51 Confidential information.

Information and data on a user or significant industrial user obtained from reports, questionnaires, permit applications, permits, monitoring programs and from inspections shall be available to the public or governmental agencies without restriction unless the user or significant 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 of the user or significant industrial user.

When requested by the person furnishing a report, those 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, upon written request, to governmental agencies for uses related to this article, the NPDES permit, biosolids disposal/reuse forms, and/or the general pretreatment regulations. Any such portions of a report shall also be available for use by any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

Information accepted by the borough as confidential shall not be transmitted to the general public by the borough until after a ten-day notification is given to the user or significant industrial user.

§ 205-52 Falsifying information.

Any person who knowingly makes any false statements, representations, or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or user or significant industrial user permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article shall be punished as provided by law and shall be subject to the fines set forth in §§ 205-58 through 205-60.

§ 205-53 Notification of violation.

Whenever the borough finds that any user has violated or is violating this article, their Wastewater Contribution Permit, or the general pretreatment regulations, the borough shall serve upon the user a written notice of violation (NOV). Within 15 days of the certified receipt of the NOV, the user must submit to the borough a written response which contains the following information:

Cause of noncompliance;

Anticipated duration of the noncompliance and the time by which the violation will be corrected;

Steps taken by the user to reduce and eliminate the noncomplying discharge;

Steps taken by the user to prevent reoccurrence of the condition(s) leading to the noncompliance; and

The signature of an authorized representative of the user that certifies to the validity of the report.

§ 205-54 Show-cause hearing.

When a response given by the user to a previous NSOV is inadequate, or when a violation results in conditions which could cause the borough to violate its NPDES permit or biosolids quality requirements, or results in a hazardous situation within the borough sewer system, the borough will notify a user by certified mail of the requirement that the user attend a show-cause hearing. A show-cause hearing is an official meeting between the borough and an industrial user to resolve conditions of continued violations. The hearing may result in the borough issuing an administrative order to the industrial user, or if conditions warrant, civil penalties or injunctive relief.

§ 205-55 Administrative order.

An administrative order is an official enforcement document which directs a user or significant industrial user to undertake or to cease specific activities and which carries specific legal actions to be enforced when addressing continued noncompliance. The order may contain a compliance schedule specifying the time frame by which the user must perform certain activities which will ultimately result in compliance with all requirements contained in the order.

§ 205-56 Public notification of noncompliance.

The borough shall annually publish in the largest daily newspaper published or circulated in the borough a list of the users and significant industrial users determined to be in significant noncompliance (as defined in § 205-33 of this article) during the preceding 12 months. The notification shall also summarize any enforcement actions taken against those users and significant industrial users by the borough during the same 12 months in accordance with 40 CFR 403.8(f)(2)(vii).

§ 205-57 Right to appeal suspension or revocation of permit; fees.

Appeal. A user, upon receipt of notification of suspension or revocation of a user permit or significant industrial user permit may appeal the decision in writing to the borough with a statement of reasons therefor within 10 days of the notice. Such an appeal shall not be cause for the discharge to continue if the suspension or revocation was issued to stop a harmful contribution under § 205-54.

Notice of hearing. Thereafter, upon notice in writing given to the permit holder or any agent or officer thereof at least five days prior to the time fixed therefor, the borough shall convene and conduct a hearing on the propriety or lack thereof of the notice of suspension or revocation. The cost of the stenographic transcript of such a proceeding shall be borne by the appellant, who shall pay a filing fee of $300.

Method of decision. The findings and determinations of the borough shall be in writing and shall be mailed to the owner or to his duly authorized representative within 48 hours of the hearing, with a certified copy thereof to be filed with the borough's WWTP Superintendent who originally served the notice of suspension or revocation. The determination shall be binding both upon the borough and all parties in interest.

Action following appeal decision. If the decision of the borough sustains the notice of suspension or revocation of permit, the user shall be given 10 days' notice of the new date of suspension or revocation by the borough.

§ 205-58 Civil penalty assessment.

In addition to the other enforcement actions described herein, the borough may also seek civil penalties and/or injunctive relief against industrial/commercial users who fail to comply with the requirements of the borough's article or their wastewater contribution permit.

Civil penalties vary from $500 up to $25,000 per day per violation depending on the severity of the violation and other factors. In civil penalty assessment, the borough will consider all of the following factors:

(1)

Damage to the borough's treatment plant or collection system, the environment, or collection system personnel, resulting from the violation;

(2)

The industrial/commercial user's history of past violations;

(3)

The level of cooperation obtained from the industrial/commercial user;

(4)

The economic benefit gained by the industrial/commercial users as a result of the noncompliance; and

(5)

Other relevant factors.

All fines listed were developed in accordance with the Publicly Owned Treatment Works Penalty Law[1] (Pennsylvania Act 9), and will be assessed on a per day, per violation basis. The fines shown are maximum penalties, which the borough has the right to reduce or waive in certain circumstances.

[1]

Editor's Note: See 35 P.S. § 752.1 et seq.

All civil penalties collected pursuant to the borough's Civil Penalty Assessment Policy will be placed in a restricted account, and shall only be used by the borough for the repair of damage and any additional maintenance or other costs resulting from the violation(s) on which the penalty was imposed, to pay any penalties imposed on the borough by a state or federal agency as a result of violating any pretreatment standards, for the costs incurred by the borough to investigate and initiate enforcement actions against the noncomplying discharge (including legal and engineering fees), for additional monitoring costs associated with the noncomplying industrial/commercial user, and for capital improvements to the treatment plant or collection system required by the pretreatment program. Any remaining funds may be used for capital improvements to the treatment plant or collections system not required by the pretreatment program.

The borough's ability to seek civil penalties against noncomplying users shall apply to all industrial/commercial users of the borough's wastewater collection and treatment system regardless of political boundary. The civil penalties may be sought in the Court of Common Pleas where the borough's treatment plant is located, where the activity took place, where the condition exists or the public was affected, and to that end a jurisdiction is hereby conferred in law and equity upon such courts.

§ 205-59 Injunctive relief.

Where necessary, the borough shall also have the power to obtain injunctive relief against any industrial/commercial users who are in violation of a pretreatment standard or requirement. Injunctive relief will be granted pursuant to Pennsylvania Law if any of the following conditions can be determined to be true:

(1)

A discharge from an industrial/commercial user presents an imminent or substantial danger to the environment;

(2)

A discharge from an industrial/commercial user causes the borough to violate any condition of its NPDES permit, biosolids application standards or other state or federal requirement;

(3)

A discharge from an industrial/commercial user presents an imminent or substantial danger to the borough's treatment plant or collection system, borough personnel, or the general public; or

(4)

The industrial/commercial user has shown a lack of ability or intention to comply with a pretreatment standard or pretreatment requirement.

Injunctive relief may also be issued against a noncomplying industrial/commercial user if the court determines that other enforcement actions available to the borough would not be adequate to effect prompt correction of the condition or violation. In addition to injunctive relief, the borough may also be granted civil penalties according to § 205-35 of this article.

The borough's ability to seek injunctive relief against noncomplying industrial/commercial user shall apply to all industrial/commercial users regardless of political boundary. The injunctive relief may be sought in the Court of Common Pleas where the borough's treatment plant is located, where the activity took place, where the condition exists or the public was affected, and to that end a jurisdiction is hereby conferred in law and equity upon such courts.

§ 205-60 Right to appeal violation.

The industrial/commercial user charged with any penalty previously described shall have 30 days to pay the proposed penalty in full, or, if the industrial/commercial user wishes to contest either the amount of the penalty or the fact of the violation, the industrial/commercial user must file an appeal of the action pursuant to the municipal law or home rule charter, or in the absence of these, within 30 days pursuant to 2 Pa.C.S.A.