[Adopted 5-11-1987 by Ord. No. 604 (Ch. 70, Art. IV, of the 1971 Code)]
This article sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the Borough of Columbia and enables the Borough to comply with applicable state and federal laws required by the Clean Water Act of 1977, as amended, and the General Pretreatment Regulations (40 CFR 403).
Editor's Note: See 33 U.S.C. § 1251 et seq.
The objectives of this article are to:
Prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge.
Prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system.
Improve the opportunity to recycle and reclaim wastewaters and sludges from the system.
Provide for equitable distribution of the cost of the municipal wastewater system.
This article provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customer's capacity 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 the Borough of Columbia and to persons outside the Borough who are, by contract or agreement with the Borough, users of the Borough POTW. This article is a supplement to Ordinance No. 513, as amended, and supersedes Ordinance No. 586, as amended. Except as otherwise provided herein, the Wastewater Treatment Plant Manager of the Borough POTW shall administer, implement and enforce the provisions of this article.
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, 33 U.S.C. § 1251 et seq.
- APPROVAL AUTHORITY
- The Director in a NPDES state with an approved state pretreatment program and the Administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program.
- (1) The chief executive officer or the chief operating officer of the user if the user is a corporation;
- (2) A partner or the general manager of the user if the user is a partnership;
- (3) The owner or the general manager of the user if the user is a proprietorship; or
- (4) The person duly designated as the responsible individual by a corporation, partnership or proprietorship, provided that such person shall be actually responsible for the overall operation of the user.
- 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)], as performed in the latest edition of Standard Methods.
- The Borough of Columbia or the Borough Council of Columbia or its designated official or officials or employee or employees.
- BUILDING SEWER
- A sewer conveying wastewater from the premises of a user to the POTW.
- CONTROL AUTHORITY
- The Wastewater Treatment Plant Manager.
- COOLING WATER
- The water discharged from any use, such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
- DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
- The Department of Environmental Protection of the Commonwealth of Pennsylvania or any department or agency of the commonwealth succeeding to the existing jurisdiction or responsibility of the Department of Environmental Protection.
- DIRECT DISCHARGE
- The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Pennsylvania.
- The release of, or the act of releasing, wastewater from the point of generation or the point of storage.
- ENVIRONMENTAL PROTECTION AGENCY or EPA
- The United States Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said agency or any agency or department of the United States succeeding to the existing jurisdiction or responsibility of the Environmental Protection Agency.
- GRAB SAMPLE
- A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and collected over a period of time not exceeding 15 minutes but shall reasonably reflect actual discharge conditions for that instant.
- 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 nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act into the POTW, including holding tank waste discharged into the system.
- INDUSTRIAL USER
- A user who is engaged in whole or in part in the manufacture, conversion or assembly of any product, commodity or article or in a trade, business or profession or which uses or maintains property for social, religious, educational, charitable or public use; or a source of indirect discharge which does not contribute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act.
- The inhabitation or disruption of the POTW treatment processes or operations, including, without limitation, any inhibition or disruption which contributes to a violation of any requirement of the Borough's NPDES permit or which prevents sewage sludge use or disposal by the POTW in accordance with Section 405 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, including those contained in any state sludge management plan prepared pursuant to Title IV of the SWDA, applicable to the method of disposal or use employed by the POTW.
- 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.
- NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT
- A permit issued pursuant to Section 402 of the Act.
- NATIONAL PROHIBITIVE DISCHARGE STANDARD
- Any regulation developed under the authority of Section 307(b) of the Act and 40 CFR 403.5.
- NEW SOURCE
- Any source, the construction of which is commenced after the publication of proposed regulations prescribing a standard of performance under Section 306 of the Act which will be applicable to such source, if such standard is thereafter promulgated in accordance with Section 306 of the Act.
- Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity or any other legal entity or their legal representatives, agents or assigns. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.
- The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in standard "pH" units, as performed in the latest edition of Standard Methods.
- Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water or any material that, when added to water, shall render that water (either because of the nature or quantity of the material) unacceptable for its original intended use.
- The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
- POTW TREATMENT PLANT
- That portion of the POTW designed to provide treatment to wastewater.
- The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes or other means, except as prohibited by 40 CFR 403.6(d).
- PRETREATMENT REQUIREMENT
- Any federal, state or local substantive or procedural requirement related to pretreatment, other than a National Categorical Pretreatment Standard or National Prohibitive Discharge Standard imposed on an industrial user.
- PRETREATMENT STANDARD
- Any National Categorical Pretreatment Standard or National Prohibitive Discharge Standard or pretreatment requirement whether now in effect or enacted subsequent hereto, including, without limitation, all regulations issued by appropriate bodies related to such pretreatment standard.
- PUBLICLY OWNED TREATMENT WORKS (POTW)
- A "treatment works" defined by Section 212 of the Act, which is owned in this instance by the Columbia Municipal Authority. This definition includes any sewers that convey wastewater to the POTW treatment plant. For the purposes of this article, "POTW" shall also include any sewers that convey wastewater to the POTW from persons outside the Borough who are, by contract or agreement with the Borough, users of the POTW.
- A pipe or conduit for carrying wastewater.
- SIGNIFICANT INDUSTRIAL USER
- Any industrial user of the Borough's POTW who has a discharge flow of 25,000 gallons or more per average workday; who has a flow greater than 5% of the flow in the Borough's POTW per average workday; who has in its wastes toxic pollutants; who is found by the Borough, the DEP or the EPA to have significant impact, either singly or in combination with other contributors, on the POTW, the quality of sludge, the system's effluent quality or air emissions generated by the system; which is a categorical industry under the regulations promulgated pursuant to Section 306(b)(1)(H) of the Act and 40 CFR Chapter I, Subchapter N, as the same may be amended or revised; or who is found to have violated any standard made applicable by this article by sampling and monitoring procedures established by the Borough.
- 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, as the same may be revised or amended from time to time.
- The Commonwealth of Pennsylvania.
- Any flow occurring during or following any form of natural precipitation and resulting therefrom.
- SUSPENDED SOLIDS
- The total suspended matter in wastewater that is retained on a standard laboratory filter after filtration of a well-mixed sample, expressed in mg/l, as performed in the latest edition of Standard Methods.
- TOXIC POLLUTANT
- Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the EPA under the provision of Section 307(a) of the Act or other Acts or in any pretreatment standard.
- Any person who contributes, causes or permits the contribution of wastewater into the Borough's POTW.
- The liquid- and water-carried wastes from any structure or use, including, without limitation, dwellings, commercial buildings, industrial facilities and institutions, whether treated or untreated.
- WATERS OF THE STATE
- All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portion thereof.
Abbreviations: The following abbreviations shall have the designated meanings:
Word usage. "Shall" is mandatory; "may" is permissive.
No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will cause interference with the operation or 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 or any other federal, state or local pretreatment standard. A user may not contribute the following substances to the POTW:
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 to the operation of the POTW. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substance which is a fire hazard or a hazard to the system. The determination of the entry of these prohibited materials into the POTW shall be by the laboratory analysis of a grab sample and/or by the use of an explosion hazard meter. At no time shall two successive readings on an explosion 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) of the meter.
Solid or viscous substances which may cause obstruction to the flow in a sewer or may cause other interference with the operation of the POTW 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 or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes.
Any wastewater having a pH less than 6.0 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 POTW.
Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or to cause interference with the operation of the POTW, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW or exceed the limitation set forth in a National Categorical Pretreatment Standard.
Any noxious or malodorous liquids, gases or solids which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.
Any substance which may cause the POTW's effluent or any other product of the POTW, such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to cause interference with the reclamation process. 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 or any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or state criteria applicable to the sludge management method being used.
Any substance which will cause the POTW to violate its NPDES and/or state or DEP disposal system permit or the receiving water quality standards.
Any wastewater with color, such as but not limited to dye wastes and vegetable tanning solutions.
Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds 40º C. (104º F.).
Any pollutants, including oxygen-demanding pollutants (BOD, etc.), released at a flow rate and/or pollutant concentration which will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentration or qualities or pollutants that on a grab sample exceed five times the average twenty-four-hour concentration, quantities or flow during normal operation as established by the Borough.
Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by any pretreatment standard.
Any wastewater containing more than 20 milligrams per liter of oil and grease, if the oil and grease is of unknown or petroleum origin, or any wastewater containing more than 100 milligrams per liter of oil and grease, if the oil and grease is determined to be of an animal or vegetable origin. The differentiation between oil and grease of animal/vegetable origin and those of petroleum origin will be determined by laboratory analysis for hydrocarbons as performed in the latest edition of Standard Methods.
Any wastewater which causes a hazard to human life or creates a public nuisance.
When the Wastewater Treatment Plant Manager determines that a user is contributing to the POTW any of the above enumerated substances in such amounts as to cause interference with the operation of the POTW, the Wastewater Treatment Plant Manager shall advise the user of the impact of the contribution of the POTW and develop effluent limitations for such user to correct the interference with the POTW. In addition, the Wastewater Treatment Plant Manager may take such action or actions as he may determine to be necessary to correct the interference and to enforce the provisions of this article.
Upon the promulgation of National Categorical Pretreatment Standards for a particular industrial subcategory, the National Categorical Pretreatment Standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall immediately supersede the limitations imposed under this article. The Wastewater Treatment Plant Manager shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12.
Where the Borough's POTW achieves consistent removal of pollutants limited by National Categorical Pretreatment Standards, the Borough may apply to the approval authority for the modification of specific limits in the National Categorical Pretreatment Standards.
No person shall discharge wastewater containing concentrations exceeding those presented in the following table:
Where state pretreatment requirements or pollutant limitations or National Categorical Pretreatment Standards or National Prohibitive Discharge Standards are more stringent than the limitations in this article, the most stringent of such requirements or pollutant limitations shall apply.
The Borough reserves the right to establish more stringent limitations or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in § 173-39 of this article.
No user, without prior Borough approval, 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 National Categorical Pretreatment Standards or in any other pretreatment standard or pollutant-specific limitation developed by the Borough or state.
Each user shall provide protection from accidental 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 owner's or user's cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Borough for review and shall be approved by the Borough before construction of any new facility. All existing users shall complete such a plan within six months after notification by the Wastewater Treatment Plant Manager. No user who commences contribution to the POTW after the effective date of this article shall be permitted to introduce pollutants into the POTW until accidental discharge procedures have been approved by the Borough. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify the user's facility as necessary to meet the requirements of this article. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the Wastewater Treatment Plant Manager of the incident. The Borough will provide each user with the proper procedures to be used in the event of an accidental discharge. The notification by the user shall include location of discharge, type of waste, concentration and volume and corrective actions. The user shall provide such other information as the Borough may from time to time request with respect to the discharge.
Written notice. Within five days following an accidental discharge, the user shall submit to the Wastewater Treatment Plant Manager a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills or any other damage to person or property, nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this article or other applicable law.
Notice to employees. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge, as provided by the Borough. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
The sampling procedure for the determination of unacceptable wastewater as specified in §§ 173-41 through 173-51 of this article, any wastewater discharge permit or any pretreatment standard shall be as follows:
An eight-hour composite shall consist of samples collected and composited every half hour during a normal eight-hour working day.
A twenty-four-hour composite shall consist of samples collected and composited every half hour over a twenty-four-hour period.
The instantaneous maximum value will be determined by analysis of a grab sample.
A flow-proportioned sample shall be collected daily according to flow.
All sample collection procedures will be performed with EPA approved methods as required under 40 CFR 136.
Samples shall be collected at a monitoring location designated by the Borough or at the monitoring location as specified in the user's wastewater discharge permit.
Each user shall maintain records of all information resulting from monitoring activities required by any pretreatment standard. Such records shall include for all samples:
All analyses of samples shall be performed with EPA approved methods as required under 40 CFR 136. Where 40 CFR 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the EPA.
Any and all federal or state requirements and limitations on industrial discharges, either present or future, may be added to this article by amendment in any case where they are more stringent than those in this article or in the case that the requirements or limitations are not addressed in this article. In cases in which limitations set under this article are more stringent than either federal or state requirements, those limits set by this article shall supersede those set by the federal or state governments.
It is the purpose of this article to provide for the recovery of costs from users of the Borough's POTW for the implementation of the program established herein. The applicable charges or fees shall be set by the Borough by ordinance or resolution.
The Borough may adopt, by resolution, from time to time, charges and fees which may include:
Fees for reimbursement of costs of setting up and operating the Borough's pretreatment program.
Fees for monitoring, inspections and surveillance procedures.
Fees for reviewing accidental discharge procedures and construction.
Fees for permit applications.
Fees for filing appeals.
Fees for consistent removal by the Borough of pollutants otherwise subject to National Categorical Pretreatment Standards.
Other fees as the Borough may deem necessary to carry out the requirements contained herein.
These fees relate solely to the matters covered by this article and are separate from all other fees chargeable by the Borough.
It shall be unlawful to discharge to any natural outlet within the Borough of Columbia, or in any area under the jurisdiction of said Borough, and/or to the POTW any wastewater except as authorized by the Wastewater Treatment Plant Manager in accordance with the provisions of this article.
General permits. All significant industrial users proposing to connect to or to contribute to the POTW shall obtain a wastewater discharge permit at least 90 days before connecting to or contributing to the POTW. All existing significant industrial users connected to or contributing to the POTW shall apply for a wastewater discharge permit within 30 days after notification from the Wastewater Treatment Plant Manager.
Users required to obtain a wastewater discharge permit shall complete and file with the Borough an application in the form prescribed by the Borough, which shall be substantially in the form set forth in § 173-72 of this article, and shall submit a fee as set from time to time by resolution of the Borough Council. The application shall be executed by an authorized representative of the user. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following:
Where known, the nature and concentration of any pollutants in the discharge which are limited by any pretreatment standard and a statement regarding whether or not all applicable pretreatment standards are being met on a consistent basis and, if not, whether additional operation maintenance and/or additional pretreatment is required for the user to meet applicable pretreatment standards.
Information as to whether additional pretreatment and/or operation and maintenance will be required to meet the applicable pretreatment standards, along with the shortest schedule by which the user will provide such additional pretreatment. The completion date in the schedule shall not be later than the compliance date established for the applicable pretreatment standards.
The Borough will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Borough may issue a wastewater discharge permit subject to terms and conditions provided herein.
Permit modifications. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater discharge permit of users subject to such standard shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a wastewater discharge permit as required by § 173-55B, the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing wastewater discharge permit shall submit to the Wastewater Treatment Plant Manager within 180 days after the promulgation of an applicable National Categorical Pretreatment Standard the information required by § 173-55B(1)(a) of this article.
Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the Borough. Permits may contain the following:
The unit charge or schedule of user charges and fees for the wastewater to be discharged to a sewer.
Limitations on the average and maximum wastewater constituents and characteristics.
Limitations on average and maximum rate and time of discharge or requirements for flow regulations and equalization.
Requirements for installation and maintenance of inspection, sampling and monitoring facilities.
Specifications for monitoring programs, which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule.
Requirements for submission of technical reports or discharge reports.
Requirements for maintaining and retaining records relating to wastewater discharge, as specified by the Borough, and affording Borough access thereto.
Requirements for 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 POTW.
Requirements for notification of slug discharges.
Other conditions as deemed appropriate by the Borough to ensure compliance with this article.
Permits duration. Permits shall be issued for a time period of three years and will expire on a specific date. The Borough may increase or decrease the permit duration at any time, upon 30 days' notification prior to the effective date of change. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's 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 in §§ 173-41 through 173-51 are modified or other just cause exists. The user shall be informed of any proposed change in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the Borough. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
Compliance date report. Within 180 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards shall submit to the Wastewater Treatment Plant Manager a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards. The report shall state whether the applicable pretreatment standards are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards. This statement shall be signed by an authorized representative of the user and certified to by a qualified professional.
Periodic compliance reports.
Any user subject to a National Categorical Pretreatment Standard, after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge to the POTW, shall submit to the Wastewater Treatment Plant Manager during the months of June and December a report indicating the nature and concentration of pollutants in the user's discharge to the POTW which are limited by such pretreatment standards or by limitations contained in the user's wastewater discharge permit. In addition, this report shall include a record of actual or estimated discharge flow to the POTW and a record of all daily flows for any regulated process stream or other streams as necessary to allow use of the combined waste stream formula set forth at 40 CFR 403.8(e). At the discretion of the Wastewater Treatment Plant Manager and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Wastewater Treatment Plant Manager may agree to alter the months during which the above reports are to be submitted.
The Wastewater Treatment Plant Manager may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection B(1) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the 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 where requested by the Wastewater Treatment Plant Manager, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standards. All 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 and amendments thereto or with any other test procedures approved by the EPA. Sampling shall be performed in accordance with the techniques approved by the EPA.
All reports required by this article or the user's wastewater discharge permit shall be signed by an authorized representative of the user.
The Borough may require to be provided and operated at the user's own expense monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the Borough may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.
There shall be ample room in or near the monitoring facility to allow accurate sampling and preparation of samples for analysis. The monitoring facility shall be maintained at all times in a safe and proper operating condition at the expense of the user.
Whether constructed on public or private property, the monitoring facilities shall be provided in accordance with the Borough's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the Borough.
The Borough may inspect the facilities of any user to ascertain whether the purpose of this article is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or where there is a wastewater discharge shall allow the Borough or its representative ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, records examination or in the performance of any of its duties. The Borough, approval authority and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the Borough, approval authority and EPA will be permitted to enter, without delay, for the purpose of performing their specific responsibilities.
Users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all National Categorical Pretreatment Standards within the time limitations as specified by the National Categorical Pretreatment regulations. Any facilities required to provide pretreatment of wastewater to a level acceptable to the Borough shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Borough for review and shall be acceptable to the Borough before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the 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 shall be reported to and be acceptable to the Borough prior to the user's initiation of the changes.
All records relating to compliance with pretreatment standards shall be made available to officials of the Borough, the EPA or approval authority upon request.
Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction; provided, however, that if the 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, the portions of a report which would disclose trade secrets or secret processes shall not be made available for inspection by the public but shall nevertheless be made available upon written request to governmental agencies for uses related to this article, the NPDES permit, any state disposal system permit and/or the programs under applicable pretreatment standards or for use by the Borough, any state, the United States or any state or federal agency in judicial review or enforcement proceedings involving the user or 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 any governmental agency or to the public by the Borough until and unless a ten-day notification is given to the user.
The Borough may suspend services provided by the POTW and/or a wastewater discharge permit when such suspension is necessary, in the opinion of the Borough, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, causes interference to the POTW or causes the Borough to violate any condition of its NPDES permit.
Any user notified of a suspension of the services provided by the POTW and/or the wastewater discharge permit shall immediately stop or eliminate the contribution. In the event of a failure of the user to comply voluntarily with the suspension order, the Borough shall take such steps as it may deem necessary, including, without limitation, immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The Borough shall reinstate the wastewater discharge permit and/or the service provided by the POTW upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Borough within 15 days of the date of occurrence.
The wastewater discharge permit of any user may be revoked in accordance with the procedures of §§ 173-61 through 173-65 of this article upon the occurrence of any of the following:
The failure of a user to factually report the wastewater constituents and characteristics of his discharge as required by any pretreatment standard;
The failure of the user to report significant changes in operations or wastewater constituents and characteristics as required by any pretreatment standard;
Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or
Violation of conditions of the wastewater discharge permit.
Whenever the Borough finds that any user has violated or is violating this article, the user's wastewater discharge permit or any prohibition, limitation or requirements contained herein, the Borough shall serve upon such user a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the Borough by the user, provided that this provision shall not affect or limit the Borough's rights and powers under § 173-61 to immediately suspend service.
The Borough Council may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the Borough Council why the proposed enforcement action should not be taken. A show cause hearing is not mandatory and may be required by Borough Council in its discretion. A notice shall be served on the user specifying the time and place of a hearing to be held by the Borough Council regarding the violation, the reasons why the action is to be taken and the proposed enforcement action and directing the user to show cause before the Borough Council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail, return receipt requested, at least 10 days before the hearing. Service may be made on any agent or officer of a corporation or on any agent or partner of a partnership.
The Borough Council may itself conduct the hearing and take the evidence or may designate any of its members or any officer or employee of the Borough to:
Issue in the name of the Borough Council notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.
Take the evidence.
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Borough Council for action thereon.
At any hearing held pursuant to this article, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof unless deemed confidential.
After the Borough Council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the service provided by the POTW be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities or devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.
If any user discharges wastewater, sewage, industrial wastes or other wastes into the POTW contrary to the provisions of this article or any pretreatment standard or any order of the Borough Council, the Borough may commence an action for appropriate legal and/or equitable relief in any court of appropriate jurisdiction whether or not there shall have been a show cause hearing.
Although the POTW treatment plant will be capable of treating wastewater of certain characteristics, the actual treatment of such wastewater may increase the cost of operating and maintaining the POTW treatment plant. Therefore, there will be imposed upon each user discharging such wastewater into the POTW a surcharge, or surcharges, which are intended to cover such additional costs. Such surcharges shall be in addition to the regular sewage service charge established by the Borough.
The strength of any wastewater, discharge of which shall be subject to surcharge, shall be determined from samples taken either at one or more manholes or at any other sampling point or points designated by the Borough. The frequency and duration of the sampling period shall be such as, in the opinion of the Borough, will permit a reasonably reliable determination of the average composition of such wastewater. Samples shall be collected or their collection supervised by a representative of the Borough and will be composite samples that reasonably reflect the characteristics of the wastewater over a twenty-four-hour period. Except as hereinafter provided, the strength of the wastewater so found by analysis shall be used for establishing the surcharge or surcharges. However, the Borough may, if it so elects, accept the results of routine sampling and analyses by the producer of such wastewater in lieu of making its own sampling and analyses.
In the event that, after sampling and analysis as prescribed herein, any wastewater is found by the Borough to have pollutants of BOD concentration in excess of 250 milligrams per liter and/or suspended solids concentration in excess of 300 milligrams per liter and/or total phosphate as P concentration in excess of 10 milligrams per liter, the producer of said wastewater shall pay a surcharge in addition to the flat rate of volume charge established by the Borough's sewer rental rates, which surcharge shall be computed by using the following formula.
Where the concentration of the wastewater is less than 250 milligrams per liter for BOD or 300 milligrams per liter for suspended solids or 10 milligrams per liter for phosphate as P, the values in parentheses for BOD and/or suspended solids and/or total phosphate as P shall be equal to one.
The amount of the surcharge shall be computed by multiplying the flat rate or volume charge established by the Borough, by the surcharge factor derived above.
The surcharges provided for in this section shall be added to the sewage service charge established by the Borough and shall be collectible in the manner in which such sewage service charge is collected.
Any user who is found to have violated an order of the Borough Council or who willfully or negligently failed to comply with any provision of this article, and the orders, rules, regulations and permits issued hereunder, shall be fined not more than $600 for each offense, plus costs of prosecution (described below), and, in default of payment of such fine and costs, be subject to imprisonment for a term not exceeding 30 days. Each day during which a violation shall occur or continue shall be deemed a separate and distinct offense.
In addition to the penalties provided herein, the Borough may recover reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the user who is found to have violated this article or the orders, rules, regulations and permits issued hereunder.
Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document produced, filed or required to be maintained pursuant to this article or the user's wastewater distribution permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be punished by a fine of not more than $600, plus costs of prosecution, and, in default of payment of such fine and costs, by imprisonment for a term not exceeding 30 days.