[HISTORY: Adopted by the Borough Council
of the Borough of Evans City as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-1-1976 by Ord. No. 348 as
Part 9, Art. 917, of the 1976 Code]
As used in this article, the following terms
shall have the meanings indicated:
The Borough of Evans City or the Evans City Water and Sewer
Authority.
[Added 8-1-1994 by Ord. No. 456; amended 9-3-2013 by Ord. No. 555]
Any building or structure or major portion thereof which
is occupied by a person or persons, partnership, firm or corporation
proffering the sale of goods and/or services.
Any building or structure housing any operation or process
involving the manufacture or alteration of any material and/or physical
substance.
Any natural person, association, partnership, firm or corporation
owning real estate within the area of the public sewer system. The
singular shall include the plural and the masculine shall included
the feminine and the neuter.
Any user consisting of a nonprofit organization and normally
considered as a public institution such as schools, libraries, municipal
buildings, volunteer fire companies and like institutions.
Any building or structure or major portion thereof which
has as its primary function that of a dwelling or occupancy by persons
on a more or less permanent basis.
[Amended 8-1-1994 by Ord. No. 456]
All owners of property in the Borough whose
property abuts upon any public sewer system now constructed, proposed
to be constructed or to be constructed in the future by the Borough
of Evans City shall connect, at their own cost, in accordance with
the regulations and charges in effect, the buildings erected on their
respective properties to such sewer system. The house, building or
other proposed structures located on such property shall be connected
with the public sewer system within 45 days after receiving notice,
in writing, by the Secretary of the Council or the Borough to make
such connection. Upon the owner's failure to make connection within
such period, the Borough may and shall make the connection and collect
the costs thereof from the owners of such property, together with
10% additional thereof and all charges and expenses incidental thereto,
which sums shall be collected from the owner or owners for the use
of the Borough as debts are by law collectible; or the Borough may,
by its proper officers, file a municipal claim or lien against such
premises as provided by law. Posting of notice upon the premises for
such period shall be the equivalent of written notice.
Duly authorized agents of the Borough shall
have access at all reasonable hours of the day to all parts of the
premises to which sewer service is supplied to make necessary inspection.
Each unit or domicile of a multiple dwelling
shall be deemed a single residential dwelling unit, except rooming
houses, offices or similar occupancy where each tenant occupies only
one or two rooms using common toilet facilities.
The Borough reserves the right to refuse connection
to a sanitary sewer or otherwise to compel discontinuance of use or
to compel pretreatment by an industry to prevent discharge to the
sewer of any waste deemed to be harmful to the sewer system or sewage
treatment plant or to have a deleterious effect on the sewage treatment
process.
[Amended 8-1-1994 by Ord. No. 456]
The Borough shall not be liable for any damage
resulting from leaks, broken pipes or from any other cause occurring
to or within any house or building between the sewer line and any
house or building; and the Borough shall not be liable to any owner
for any claim for damage arising by reason of leaking or breaking
of any main, interceptor, lateral or building connection, sewer line
or any attachment to the sewer.
The Borough may give an owner whose property is not connected with the sewer system written notice to connect with the sewer system within 45 days pursuant to § 142-2 by personal service or by certified mail sent to the last address of such owner. Upon failure of such owner to make the required connection within such forty-five-day period, the Borough may make such connection and collect the cost thereof from the owner by a municipal claim or in an action in assumpsit.
The Borough has provided and shall provide six-inch
wye outlets from the main sewer lines for each lot. All owners must
connect to this wye. With permission of the Borough Engineer(s), connections
may be made at other points. Every connection to a main sewer must
be inspected by the Borough Engineer(s) or other constituted Borough
personnel before the trench is backfilled.
If any owner of improved property within the Borough not connected with the sewer system as required by § 142-2 to connect therewith has been given notice to connect as provided by § 142-7 and has failed to make the required connection within the period of 45 days required by such notice, such failure is hereby declared a violation of this section.
All owners of property connected or connecting
with the sewers, sewer system and sewage treatment works as owned
or leased by the Borough and all of the owners of property who may
hereafter connect with and use the same shall pay sewer rentals or
charges payable monthly as hereinafter provided for the use of such
sewer facilities based upon the following schedule of rates:
A.
All owners of property connected or connecting with the sewers, sewer
system and sewage treatment works as owned or leased by the Borough
and all of the owners of property who may hereafter connect with and
use the same shall pay sewer rentals or charges payable monthly as
hereinafter provided for the use of such sewer facilities based upon
the rate schedule adopted from time to time by the Evans City Water
and Sewer Authority.[1]
[Last amended 9-3-2013 by Ord. No. 555[2]]
B.
Sewer rental rates.
[Last amended 12-18-2002 by Ord. No. 509]
(1)
Schedule. The following sewer rental rates shall be imposed the effective date of this Subsection B(1):
[Amended 7-6-2011 by Ord. No. 544[3]]
|
Charge per 1,000 Gallons
| |||
|---|---|---|---|
|
Water Used per Month
(gallons)
|
Residential
|
Commercial
|
Industrial and Public
|
|
0 to 10,000
|
$4.50
|
$5.00
|
$5.00
|
|
10,000 to 20,000
|
$5.00
|
$5.50
|
$5.50
|
|
20,001 to 100,000
|
$5.50
|
$6.00
|
$6.50
|
|
All over 100,001
|
$6.00
|
$6.00
|
$6.50
|
[3]
Editor's Note: This ordinance provided an effective date of
8-1-2011.
(2)
The Borough Secretary, or her designee, shall render
a bill to the owner of each residential, commercial, industrial and
public user by first class mail on or before the first day of each
month. If the bill is not paid by the 10th of the month, a penalty
of 1.5% of the total due for each month of delinquency shall be added.
[Amended 6-7-2010 by Ord. No. 537]
C.
Users with private water supply who discharge into
the sewer system are required to install and maintain, at their expense,
water meters of a type and size approved by the Borough or be assessed
a flat rate as determined by the Borough by resolution from time to
time.
D.
Surcharge fees.
[Amended 7-7-1997 by Ord. No. 475]
(1)
Any user of the Borough's publicly owned treatment
works (POTW) that discharges wastewater into the sanitary sewer system
of the Borough of Evans City shall be subject to surcharge fees for
constituent concentrations in excess of the average influent values
upon which the plant design is based. The constituents for which surcharges
are applicable are biochemical oxygen demand, total suspended solids,
oil and grease, ammonia-nitrogen and phosphorus. All users that discharge
excess strength wastewater into the sanitary sewer system of the Borough
of Evans City shall be subject to surcharge fees for each milligram
per liter that exceeds the stated limits as indicated below:
(a)
Any discharge having an average five-day biochemical
oxygen demand (BOD) concentration greater than 250 parts per million
(ppm), as measured by EPA Test Method 405.1, shall pay a surcharge
equal to:
|
(BOD concentration in ppm - 250 ppm) X discharge
flow rate in MGD X 8.34 X $0.32 = BOD surcharge fee in dollars.
|
(b)
Any discharge having a total suspended solids
(TSS) concentration greater than 250 ppm, as measured by EPA Test
Method 160.2, shall pay a surcharge equal to:
|
(TSS concentration in ppm - 250 ppm) X discharge
flow rate in MGD X 8.34 X $0.32 = total suspended solids surcharge
fee in dollars.
|
(c)
Any discharge having an oil and grease concentration
in excess of 100 ppm, as measured by EPA Test Method 413.2, shall
pay a surcharge equal to:
|
(Oil and grease concentration in ppm - 100 ppm)
X discharge flow rate in MGD X 8.34 X $0.22 = oil and grease surcharge
fee in dollars.
|
(d)
Any discharge having an ammonia-nitrogen concentration
in excess of 20 ppm, as measured by EPA Test Method 350.2, shall pay
a surcharge equal to:
|
(Ammonia-nitrogen concentration in ppm - 20
ppm) X discharge flow rate in MGD X 8.34 X $0.10 = ammonia-nitrogen
surcharge fee in dollars.
|
(e)
Any discharge having a phosphorus concentration
in excess of 10 ppm, as measured by EPA Test Method 365.1, shall pay
a surcharge equal to:
|
(Phosphorus concentration in ppm - 10 ppm) X
discharge flow rate in MGD X 8.34 X $0.11 = phosphorus surcharge fee
in dollars.
|
(f)
Surcharge fees will be assessed according to
the users' average daily discharge flow rate to the sewerage system,
unless recorded discharge flow rate information is provided to the
Borough of Evans City by the discharger. Surcharge fees will be assessed
in conjunction with monthly sewage billing fees.
E.
Connecting or tapping fee and bond.
[Amended 6-6-1977 by Ord. No. 353; 3-5-1993 by Ord. No. 438; 11-6-1995 by Ord. No. 462; 1-17-2001 by Ord. No. 500]
(1)
The connection or tapping fee and bond shall be as
follows: $1,100 for each single residential user or commercial, industrial
or public user, and shall be payable upon application for a connection
permit, plus a bond of $1,000 from the property owner to indemnify
the Borough against street subsidence or faulty replacement of surface.
The bond shall be incorporated in the application for a permit.
(2)
All owners of property who may hereafter connect with
and use the sewers, sewer system and sewage treatment works as owned
or leased by the Borough shall pay the above connecting fee and provide
said bond.
Sewer charges shall be paid monthly in accordance
with the rate schedule for sewer service as rendered by the Borough.
However, during the first month that a residential, commercial, industrial
or public user begins to discharge sewage into the sewage system,
the charge shall be based on a per diem pro rata amount from the time
such connection is made until the following monthly billing period.
Monthly charges for sewage service shall be subject to a five-percent
penalty if not paid within 10 days after due, the net bill plus penalty
to bear interest at the rate of 1/2 of 1% per month or a fraction
thereof until paid.
[Added 12-2-2013 by Ord.
No. 558]
The Evans City Water and Sewer Authority may enter into contracts
with collection/debt service agencies for the collection of unpaid
invoices (delinquent debts) for sewer charges upon such terms and
conditions as it deems reasonable.
Each sewer rental or charge imposed shall be
a lien on the property served by the sewer system of the Borough,
and such lien may be filed in the Office of the Prothonotary and collected
in the manner provided by law for the filing and collection of municipal
claims.
[Amended 8-1-1994 by Ord. No. 456]
The funds received by the Borough from the collection
of charges or rentals herein provided shall be used only for the purpose
of defraying the expenses of the Borough as approved by the Engineer(s)
of the Borough, in the operation, maintenance, repair, alteration
and inspection, depreciation and other expenses in relation to such
sewer, sewage system and sewage treatment works and for such payments
as the Borough may be required to make under any lease or agreement
it may enter into or has heretofore entered into for such sewers,
sewage system and sewage treatment works with the Municipal Authority
of the Borough, in accordance with the provisions of the Act of May
2, 1945, P.L. 382, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 301
et seq.
The rental or charges imposed by this article
shall become effective immediately or at the time of connection to
the sewage system as the case may be.
If and when an industrial user begins to discharge
into the sewage system or treatment works, the Borough agrees to develop
and maintain a surcharge system in conformance with 40 CFR 35.935-13(b)
and Appendix B to Part 35, subject to review by the Environmental
Protection Agency.
[Amended 8-1-1994 by Ord. No. 456]
The Borough shall annually review the user charges
under this article and shall revise them periodically, if necessary,
to meet actual operation and maintenance expenses. The Borough shall
maintain such records as are necessary to document compliance with
all regulations of the Environmental Protection Agency.
[Amended 8-1-1994 by Ord. No. 456]
Whenever in this article any act is prohibited
or is declared to be unlawful or the doing of an act is required or
the failure to do an act is declared to be unlawful, the violation
of any provision of this article shall be punishable by a fine of
not more than $1,000 and, in default of payment of such fine, by imprisonment
for not more than 30 days. Each day any violation continues shall
constitute a separate offense. All fines and penalties imposed under
this article shall be turned over to the Borough Treasurer to be used
for general Borough purposes unless otherwise directed by statute
or ordinance.
[Adopted 1-3-1989 by Ord. No. 407]
A.
This Article sets forth uniform requirements for direct
and indirect contributors into the wastewater collection and treatment
system for Evans City Borough and enables the Borough to comply with
all applicable state and federal laws required by the Clean Water
Act of 1977 and the General Pretreatment Regulations (40 CFR, Part
403).
B.
The objectives of this article are:
(1)
To prevent the introduction of pollutants into the
municipality wastewater system which will interfere with the operation
of the system or contaminate the resulting sludge.
(2)
To prevent the introduction of pollutants into the
municipal wastewater system which will pass through the system, inadequately
treated, into receiving waters or the atmosphere or otherwise be incompatible
with the system.
(3)
To improve the opportunity to recycle and reclaim
wastewaters and sludges from the system.
(4)
To provide for equitable distribution of the costs
of the municipal wastewater system.
C.
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 customers' capacity will not be preempted and provides for
the setting of fees for the equitable distribution of costs resulting
from the program established herein.
D.
This Article shall apply to the Borough of Evans City 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 Article I, Connection Required; Use Charges, of this chapter. Except as otherwise provided herein, the Superintendent of the Borough POTW shall administer, implement and enforce the provisions of this article.
A.
ACT OR THE ACT
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATION OF INDUSTRIAL USER
(1)
(2)
(3)
BIOCHEMICAL OXYGEN DEMAND (BOD)
BOROUGH
BUILDING SEWER
CATEGORICAL STANDARDS
CONTROL AUTHORITY
COOLING WATER
DIRECT DISCHARGE
ENVIRONMENTAL PROTECTION AGENCY OR EPA
GRAB SAMPLE
HOLDING TANK WASTE
INDIRECT DISCHARGE
INDUSTRIAL USER
INTERFERENCE
NATIONAL CATEGORICAL PRETREATMENT STANDARD OR PRETREATMENT STANDARD
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT
NATIONAL PROHIBITIVE DISCHARGE STANDARD OR PROHIBITIVE DISCHARGE
STANDARD
NEW SOURCE
PERSON
PH
POLLUTANT
POLLUTION
POTW TREATMENT PLANT
PRETREATMENT REQUIREMENTS
PRETREATMENT OR TREATMENT
PUBLICLY OWNED TREATMENT WORKS (POTW)
SIGNIFICANT INDUSTRIAL USER
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STATE
STORMWATER
SUPERINTENDENT
SUSPENDED SOLIDS
TOXIC POLLUTANT
USER
WASTEWATER
WASTEWATER CONTRIBUTION PERMIT
WATERS OF THE STATE
Unless the context specifically indicates otherwise,
the following terms and phrases, as used in this article shall have
the meanings hereinafter designated:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
The Director in an NPDES state with an approved state pretreatment
program and the Administrator of the EPA in a non-NPDES state or NPDES
state without an approved state pretreatment program.
A principal executive officer of at least the
level of Vice President, if the industrial user is a corporation.
A general partner or proprietor if the industrial
user is a partnership or proprietorship, respectively.
A duly authorized representative of the individual
designated above if such representative is responsible for the overall
operation of the facilities from which the indirect discharge originates.
The quantity of oxygen utilized in the biochemical oxidation
or organic matter under standard laboratory procedure, five days at
20° C. expressed in terms of weight and concentration [milligrams
per liter (mg/l)].
The Borough of Evans City, Butler County, Pennsylvania, or
the Borough Council of Evans City.
A sewer conveying wastewater from the premises of a user
to the POTW.
National Categorical Pretreatment Standards or pretreatment
standard.
Refers to the "Approval Authority" defined hereinabove; or
the Superintendent if the Borough has an approved pretreatment program
under the provisions of 40 CFR 403.11.
The water discharged from any use such as air conditioning,
cooling or refrigeration or to which the only pollutant added is heat.
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
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.
A sample which is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and without consideration
of time.
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum pump tank trucks.
The discharge or the introduction of nondomestic pollutants
from any source regulated under Section 307(b) or (c) of the Act (33
U.S.C. § 1317) into the POTW (including holding tank waste
discharged into the system).
A source of indirect discharge which does not constitute
a discharge of pollutants under regulations issued pursuant to Section
402 of the Act (33 U.S.C. § 1342).
The inhibition or disruption of the POTW treatment processes
or operations which contribute to a violation of any requirement of
the Borough's NPDES permit. The term includes prevention of sewage
sludge use or disposal by the POTW 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 sludge
management plan prepared pursuant to Title IV of SWDA) applicable
to the method of disposal or use employed by the POTW.
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) which applies to a specific category for
industrial users.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
Any regulation developed under the authority of Section 307(b)
of the Act and 40 CFR 403.5.
Any source, the construction of which is commenced after
the publication of proposed regulations prescribing a Section 307(c)
(33 U.S.C. § 1317) Categorical Pretreatment Standard which
will be applicable to such source, if such standard is thereafter
promulgated within 120 days of proposal in the Federal Register. Where
the standard is promulgated later than 120 days after proposal, a
"new source" means any source, the construction of which is commenced
after the date of promulgation of the standard.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity or any other legal entity or their legal representatives, agents
or assigns. The masculine gender shall include the feminine. The singular
shall include the plural where indicated by the context.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution.
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.
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
That portion of the POTW designed to provide treatment to
wastewater.
Any substantive or procedural requirement related to pretreatment
other than a National Pretreatment Standard imposed on an industrial
user.
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 the POTW. The reduction
or alteration can be obtained by physical, chemical or biological
processes or process changes by other means, except as prohibited
by 40 CFR 403.6(d).
A treatment works, as defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned in this instance by the Borough.
This definition includes any sewers that convey wastewater to the
POTW treatment plant, but does not include pipes, sewers or other
conveyances not connected to a facility providing treatment. For the
purposes of this article, "POTW" shall also include any sewers that
convey wastewaters to the POTW from persons outside the Borough who
are, by contract or agreement with the Borough, users of the Borough's
POTW.
Any industrial user of the Borough's wastewater disposal
system who has a discharge flow of 25,000 gallons or more per average
work day; or has a flow greater than 5% of the flow in the Borough's
wastewater treatment system; or has in his wastes toxic pollutants
as defined pursuant to Section 307 of the Act of state statutes and
rules; or is found by the Borough, state control agency or the United
States Environmental Protection Agency (EPA) to have significant impact,
either singly or in combination with other contributing industries,
on the wastewater treatment system, the quality of sludge, the system's
effluent quality or air emissions generated by the system.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
The Commonwealth of Pennsylvania.
[Amended 8-1-1994 by Ord. No. 456]
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The person designated by the Borough to supervise the operation
of the publicly owned treatment works and who is charged with certain
duties and responsibilities by this article or his duly authorized
representative.
The total suspended matter that floats on the surface of
or is suspended in water, wastewater or other liquids and which is
removable by laboratory filtering.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provision of Clean Water Act Section 307(a)
or other Acts.
Any person who contributes, causes or permits the contribution
of wastewater into the Borough's POTW.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities and institutions,
together which may be present, whether treated or untreated, which
is contributed into or permitted to enter the POTW.
As set forth in § 142-31 of this article.
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.
B.
"Shall" is mandatory. "May" is permissive.
The following abbreviations shall have the designated
meanings:
|
BOD
|
Biochemical oxygen demand
|
|
CFR
|
Code of Federal Regulations
|
|
COD
|
Chemical oxygen demand
|
|
EPA
|
Environmental Protection Agency
|
|
l
|
Liter
|
|
mg
|
Milligrams
|
|
mg/l
|
Milligrams per liter
|
|
NPDES
|
National Pollutant Discharge Elimination System
|
|
POTW
|
Publicly owned treatment works
|
|
SIC
|
Standard Industrial Classification
|
|
SWDA
|
Solid Waste Disposal Act, 42 U.S.C. § 6901
et seq.
|
|
USC
|
United States Code
|
|
TSS
|
Total suspended solids
|
|
TTO
|
Total toxic organics, which is the summation
of all quantifiable values greater than 0.01 mg/l for all toxic organics
as identified by 40 CFR § 413.02(i)
|
A.
No user shall contribute or cause to be contributed,
directly or indirectly, any pollutant or wastewater which will interfere
with the operation or performance of the POTW. These general prohibitions
apply to all such users of a POTW whether or not the user is subject
to National Categorical Pretreatment Standards or requirements. A
user may not contribute the following substances to any POTW:
(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 to be injurious
in any other way to the POTW or to the operation of the POTW. 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) of the meter. 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 substances
which the Borough, the state or the EPA has notified the user is a
fire hazard or a hazard to the system.
(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 one-half (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.
(3)
Any wastewater having a pH less than six point zero
(6.0) or greater than nine point zero (9.0), unless the POTW is specifically
designed to accommodate such wastewater, or wastewater having any
other corrosive property capable of causing damage or hazard to structures,
equipment and/or personnel of the POTW.
(4)
Any wastewater containing toxic pollutants in sufficient
quantity, either singly or by interaction with other pollutants, to
injure or interfere with any wastewater treatment process, to constitute
a hazard to humans or animals, to create a toxin affecting the receiving
waters of the POTW or to exceed the limitation set forth in a Categorical
Pretreatment Standard. A toxic pollutant shall be identified pursuant
to Section 307(a) of the Act.
(5)
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.
(6)
Any substance which may cause the POTW's effluent
or any other product of the POTW such as residues, sludges or scums
to be unsuitable for reclamation and reuse or to interfere with the
reclamation process. 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.
(7)
Any substance which will cause the POTW to violate
its NPDES and/or state disposal system permit or the receiving 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 POTW treatment plant resulting in interference
but in no case wastewater with a temperature at the introduction into
the POTW which exceeds 40° C. (104° .F) unless the POTW treatment
plant is designed to accommodate such temperature.
(10)
Any pollutants, including oxygen-demanding pollutants
(BOD, etc.) released at a flow rate and/or pollutant concentration
which a user knows or has reason to know will cause interference to
the POTW. In no case shall a slug load have a flow rate or contain
concentrations or qualities 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 Superintendent in compliance with applicable state
or federal regulations.
(12)
Any wastewater which causes a hazard to human
life or creates a public nuisance.
(13)
Any stormwater, whether from on site or off
site in origin.
[Added 6-3-1996 by Ord. No. 466]
B.
When the Superintendent determines that a user(s)
is contributing to the POTW any of the above-enumerated substances
in such amounts as to interfere with the operation of the POTW, the
Superintendent shall advise the user(s) of the impact of the contribution
on the POTW and develop effluent limitation(s) for such user to correct
the interference with the POTW.
Upon the promulgation of the National Categorical
Pretreatment Standards for a particular industrial subcategory, the
federal standard, if more stringent than limitations imposed under
this article for sources in that category, shall immediately supersede
the limitations imposed under this article. The Superintendent shall
notify all affected users of the applicable reporting requirements
under 40 CFR 403.12.
Where the Borough's wastewater treatment system
achieves consistent removal of pollutants limited by Federal Pretreatment
Standards, the Borough may apply to the Approval Authority for modification
of specific limits in the Federal Pretreatment Standards. "Consistent
removal" shall mean reduction in the amount of a pollutant or alteration
of the nature of the pollutants by the wastewater treatment 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 as
provided in the Federal Pretreatment Standards if the requirements
contained in 40 CFR, Part 403, Section 403.7, are fulfilled and prior
approval from the Approval Authority is obtained.
No person shall discharge wastewater containing
in excess of the following:
|
1 mg/l arsenic (total)
|
|
1 mg/l cadmium (total)
|
|
4.5 mg/l copper (total)
|
|
2 mg/l cyanide (total)
|
|
2 mg/l lead (total)
|
|
Less than 0.1 mg/l mercury (total)
|
|
3 mg/l nickel (total)
|
|
1 mg/l silver (total)
|
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4 mg/l chromium (total)
|
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4.5 mg/l zinc (total)
|
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Less than 1 mg/l total toxic organics (TTO)
|
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1 mg/l phenolic compounds which cannot be removed
by the city's wastewater treatment processes
|
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100 mg/l oil and grease
|
State requirements and limitations on discharge
shall apply in any case where they are more stringent than federal
requirements and limitations or those in this article.
The Borough reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 142-18 of this article.
No 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 in any other pollutant-specific limitation developed
by the Borough or state.
A.
Each industrial 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
own 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 the facility. All existing industrial users shall complete such
a plan by June 1, 1989. No industrial user who commences contribution
to the POTW after the effective date of this article shall be permitted
to introduce pollutants into the system until accidental discharge
procedures have been approved by the Borough. Review and approval
of such plans and operating procedures shall not relieve the industrial
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 POTW of the incident. The notification shall include
location of the discharge, type of waste, concentration and volume
and corrective actions.
B.
Written notice. Within five days following an accidental
discharge, the user shall submit to the Superintendent 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.
C.
Notice to employees. A notice shall be permanently
posted on the industrial user's bulletin board or other prominent
place advising employees whom to call in the event of a dangerous
discharge. Employers shall ensure that all employees who may cause
or suffer such a dangerous discharge to occur are advised of the emergency
notification procedure.
A.
Purpose. It is the purpose of this section to provide
for the recovery of costs from users of the Borough's wastewater disposal
system for the implementation of the program established herein. The
applicable charges or fees shall be as set by the Borough Council
on a case-by-case basis in order to cover engineering costs.
[Amended 8-1-1994 by Ord. No. 456]
B.
Charges and fees.
(1)
The Borough may adopt charges and fees which may include:
(a)
Fees for reimbursement of costs of setting up
and operating the Borough's pretreatment program.
(b)
Fees for monitoring, inspections and surveillance
procedures.
(c)
Fees for reviewing accidental discharge procedures
and construction.
(d)
Fees for permit applications.
(e)
Fees for filing appeals.
(f)
Fees for consistent removal by the Borough of
pollutants otherwise subject to Federal Pretreatment Standards.
(g)
Other fees as 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 chargeable by the
Borough.
It shall be unlawful to discharge without a
Borough permit to any natural outlet within the Borough of Evans City
or in any area under the jurisdiction of said Borough and/or to the
POTW any wastewater, except as authorized by the Superintendent in
accordance with the provisions of this article.
All significant industrial users proposing to
connect to or to contribute to the POTW shall obtain a wastewater
discharge permit before connecting to or contributing to the POTW.
All existing significant industrial users connected to or contributing
to the POTW shall obtain a wastewater contribution permit within 180
days after the effective date of this article.
A.
Users required to obtain a wastewater contribution
permit shall complete and file with the Borough an application in
the form prescribed by the Borough and accompanied by a fee prescribed
by the Borough Council. Existing users shall apply for a wastewater
contribution permit within 30 days after the effective date of this
article, and proposed new users shall apply at least 90 days prior
to connecting to or contributing to the POTW. In support of the application,
the user shall submit, in units and terms appropriate for evaluation,
the following information:
(1)
Name, address and location (if different from the
address).
(2)
SIC number according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1972 as amended.
(3)
Wastewater constituents and characteristics, including but not limited to those mentioned in §§ 142-21 through 142-28 of this article as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended.
(4)
Time and duration of contribution.
(5)
Average daily and thirty-minute peak wastewater flow
rates, including daily, monthly and seasonal variations, if any.
(6)
Site plans, floor plans, mechanical and plumbing plans
and details to show all sewers, sewer connections and appurtenances
by the size, location and elevation.
(7)
Description of activities, facilities and plan processes
on the premises, including all materials which are or could be discharged.
(8)
Where known, 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) and/or
additional pretreatment is required for the user to meet applicable
pretreatment standards.
(9)
If additional pretreatment and/or O&M will be
required to meet the pretreatment standards, the shortest schedule
by which the user will provide such additional pretreatment.
(a)
The completion date in this schedule shall not
be later than the compliance date established for the applicable pretreatment
standard.
(b)
The following conditions apply to this schedule:
[1]
The schedule shall contain increments of progress
in the form of dates for commencement and completion of major events
leading to the construction and operation of additional pretreatment
required for the user to meet the applicable pretreatment standards
(e.g., hiring an engineer, completing preliminary plans, completing
final plans, executing contract for major components, commencing construction,
completing construction, etc.).
[2]
No increment referred to in Subsection A(9)(b)[1] shall exceed nine months.
[3]
Not later than 14 days following each date in
the schedule and the final date for compliance, the user shall submit
a progress report to the Superintendent, including, as a minimum,
whether or not it complied with the increment of progress to be met
on such date and, if not, the date on which it expects to comply with
this increment of progress, the reason for delay and the steps being
taken by the user to return the construction to the schedule established.
In no event shall more than nine months elapse between such progress
reports to the Superintendent.
(10)
Each product produced by type, amount, process
or processes and rate of production.
(11)
Type and amount of raw materials processed (average
and maximum per day).
(12)
Number and type of employees and hours of operation
of plan and proposed or actual hours of operation of pretreatment
system.
(13)
Any other information as may be deemed by the
Borough to be necessary to evaluate the permit application.
B.
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
contribution permit subject to terms and conditions provided herein.
Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater contribution permit of users subject to such standards 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 contribution permit as required by § 142-32, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing wastewater contribution permit shall submit to the Superintendent within 180 days after the promulgation of an applicable Federal Categorical Pretreatment Standard the information required by § 142-32A(8) and (9).
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:
A.
The unit charge or schedule of user charges and fees
for the wastewater to be discharged to a community sewer.
B.
Limits on the average and maximum wastewater constituents
and characteristics.
C.
Limits on average and maximum rate and time of discharge
or requirements for flow regulations and equalization.
D.
Requirements for installation and maintenance of inspection
and sampling facilities.
E.
Specifications for monitoring programs which may include
sampling locations, frequency of sampling, number, types and standards
for tests and reporting schedule.
F.
Compliance schedules.
H.
Requirements for maintaining and retaining plant records
relating to wastewater discharge as specified by the Borough and affording
Borough access thereto.
I.
Requirements for notification of the Borough or any
new introduction of wastewater constituents or any substantial change
in the volume or character of the wastewater constituents being introduced
into the wastewater treatment system.
K.
Other condition as deemed appropriate by the Borough
to ensure compliance with this article.
[Amended 8-1-1994 by Ord. No. 456]
Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The 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 §§ 142-21 through 142-28 are modified or other just cause exists. The user shall be informed of any proposed changes in this 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.
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.
A.
Compliance date report. Within 90 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
and requirements shall submit to the Superintendent a report indicating
the nature and concentration of all pollutants in the discharge from
the regulated process which are limited by pretreatment standards
and requirements and the average and maximum daily flow for these
process units in the user facility which are limited by such 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 user into compliance with the applicable pretreatment
standards or requirements. This statement shall be signed by an authorized
representative of the industrial user and certified to by a qualified
professional.
B.
Periodic compliance reports.
(1)
Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Superintendent during the months of June and December, unless required more frequently in the pretreatment standard or by the Superintendent, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment Standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in § 142-32A(5) of this article. At the discretion of the Superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Superintendent may agree to alter the months during which the above reports are to be submitted.
[Amended 8-1-1994 by Ord. No. 456]
(2)
The Superintendent may impose mass limitations on 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 B(1) of this subsection 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 Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator. Where 40 CFR, Part 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 Administrator.
A.
The Borough shall 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.
B.
There shall be ample room in or near such sampling
manhole or facility to allow accurate sampling and preparation of
samples for analysis. The facility, sampling and measuring equipment
shall be maintained at all times in a safe and proper operating condition
at the expenses of the user.
C.
Whether constructed on public or private property,
the sampling and monitoring facilities shall be provided in accordance
with Borough requirements and all applicable local construction standards
and specifications. Construction shall be completed within 90 days
following written notification by the Borough.
The Borough shall inspect the facilities of
any user to ascertain whether the purpose of this Borough 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 or its representative ready access at all reasonable times
to all parts of the premises for the purposes of inspection, sampling,
records examination or in the performance of any of its duties. The
Borough, Approval Authority and (where the NPDES state is the Approval
Authority) 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 purposes of performing their specific
responsibilities.
A.
Users shall provide necessary wastewater treatment
as required to comply with this article and shall achieve compliance
with all Federal Categorical Pretreatment Standards within the time
limitations as specified by the federal pretreatment regulations.
Any facilities required to pretreat wastewater to a level acceptable
to the Borough shall be provided, operated and maintained at the user's
expenses. Detailed plans showing the pretreatment facilities and operation
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.
B.
The Borough shall annually publish in a newspaper
of general circulation in the Borough a list of the users which were
not in compliance with any pretreatment requirements or standards
at least once during the 12 previous months. The notification shall
also summarize any enforcement actions taken against the user(s) during
the same 12 months.
C.
All records relating to compliance with pretreatment
standards shall be made available to officials of the EPA or Approval
Authority upon request.
A.
Information and data on a user obtained from reports,
questionnaires, permit applications, permits and monitoring programs
and from inspections shall be available to the public or other governmental
agency without restriction unless the user specifically requests and
is able to demonstrate to the satisfaction of the Borough that the
release of such information would divulge information, processes or
methods of production entitled to protection as trade secrets of the
user. When requested by the person furnishing a report, the portions
of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public but shall
be made available upon written request to the governmental agencies
for uses related to this article, the National Pollutant Discharge
Elimination System (NPDES) permit, state disposal system permit and/or
the pretreatment programs; provided, however, that such portions of
a report shall be available for use by the state or any state agency
in judicial review or enforcement proceedings involving the person
furnishing the report. Wastewater constituents and characteristics
will not be recognized as confidential information.
B.
Information accepted by the Borough as confidential
shall not be transmitted to any governmental agency or to the general
public by the Borough unless and until and a ten-day notification
is given to the user.
A.
The Borough may suspend the wastewater treatment service
and/or a wastewater contribution 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
or causes interference to the POTW or causes the Borough to violate
any conditions of its NPDES permit.
B.
Any person notified of a suspension of the wastewater
treatment service and/or the wastewater contribution permit shall
immediately stop or eliminate the contribution. In the event of a
failure of the person to comply voluntarily with the suspension order,
the Borough shall take such steps as deemed necessary including 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 contribution permit and/or the wastewater
treatment service upon 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.
Any user who violates the following conditions of this article or applicable state and federal regulations is subject to having his permit revoked in accordance with the procedures of §§ 142-42 through 142-46 of this article.
A.
Failure of a user to factually report the wastewater
constituents and characteristics of his discharge.
B.
Failure of the user to report significant changes
in the operations or wastewater constituents and characteristics.
C.
Refusal of reasonable access to the user's premises
for the purpose of inspection or monitoring.
D.
Violation of conditions of the permit.
Whenever the Borough finds that any user has
violated or is violating this article, wastewater contribution permit
or any prohibition, limitation or requirements contained herein, the
Borough may serve upon such person 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.
A.
The Borough 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 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.
B.
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:
[Amended 8-1-1994 by Ord. No. 456]
(1)
Issue in the name of the Borough Council notices of
the hearings requesting the attendance and testimony of witnesses
and the production of evidence relevant to any matter involved in
such hearing.
(2)
Take the evidence.
(3)
Transmit a report of the evidence and hearing, including
transcripts and other evidence, together with recommendations to the
Borough Council for action thereon.
C.
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.
D.
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 sewer service be discontinued
unless adequate treatment facilities, devices or other related appurtenances
shall have been installed on existing treatment facilities, devices
or other related appurtenances are properly operated. Further orders
and directives as are necessary and appropriate may be issued.
If any person discharges sewage, industrial
wastes or other wastes into the Borough's wastewater disposal system
contrary to the provisions of this article, Federal or State Pretreatment
Requirements or any order of the Borough, the Borough Attorney may
commence an action for appropriate legal and/or equitable relief in
the Court of Common Pleas of this county.
[Amended 8-1-1994 by Ord. No. 456]
Any user who is found to have violated any provision
of this article shall be fined not less than $100 nor more than $1,000
for each offense and, in default of payment of such fine, shall be
imprisoned for not more than 30 days. Each day on 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 attorney's fees, court costs, court reporters' fees and
other expenses of litigation by appropriate suit at law against the
person found to have violated this article.
