[Adopted 4-3-1997 by Ord. No. 97-11-B]
A.
AMMONIA NITROGEN AS N
AUTHORITY
BOD (biochemical oxygen demand)
BOROUGH
BUILDING SEWER
COMMERCIAL ESTABLISHMENT
COMMONWEALTH
CONNECTION ORDINANCE
COUNCIL
DOMESTIC SANITARY SEWAGE
DWELLING UNIT
EDUCATIONAL ESTABLISHMENT
EQUIVALENT DWELLING UNIT or EDU
IMPROVED PROPERTY
INDUSTRIAL ESTABLISHMENT
INDUSTRIAL WASTES
INSTITUTIONAL ESTABLISHMENT
LATERAL
MULTIPLE USE IMPROVED PROPERTY
NONRESIDENTIAL
OWNER
PERSON
pH
PPM
SEWER
SEWERED AREA
SEWER SYSTEM
STREET
TAPPING FEE
TOTAL PHOSPHORUS AS P
TOTAL SOLIDS
(1)
(2)
(3)
USER
USER CHARGE
WWTF
Unless the context specifically and clearly indicates
otherwise, the meaning of terms and phrases used in this article shall
be as follows:
Ammonia nitrogen as determined pursuant to the procedure
set forth in the latest edition of "Standard Methods for the Examination
of Water and Wastewater", published by American Public Health Association,
Inc.
Jim Thorpe Municipal Authority, a Pennsylvania municipality
authority.
The quantity of oxygen expressed in ppm by weight, utilized
in the biochemical oxidation of organic matter under standard laboratory
procedure for five days at 20° C. The standard laboratory procedure
shall be that found in the latest edition of "Standard Methods for
the Examination of Water and Wastewater" published by the American
Public Health Association.
The Borough of Jim Thorpe, Carbon County, Pennsylvania, a
municipal corporation of the Commonwealth, acting by and through its
Council or, in appropriate cases, acting by and through its authorized
representatives.
The sewer extension from the sewage drainage system of any
improved property to the lateral serving such improved property.
Any room, group of rooms, building or enclosure connected,
directly or indirectly, to the sewer system and used or intended for
use in the operation of a business enterprise for the sale and distribution
of any product, commodity, article or service.
The Commonwealth of Pennsylvania.
The ordinance enacted by this Borough, requiring, inter alia,
all owners of any improved property located in the Borough, which
is benefitted, improved or accommodated by a sewer, to connect to
such sewer and use the same in such manner as this Borough may ordain.
The Council of the Borough.
Normal water-carried household and toilet wastes discharged
from any improved property.
Any room, group of rooms, house trailer, apartment, condominium,
cooperative or other enclosure connected, directed or indirectly,
to the sewer system and occupied or intended for occupancy as living
quarters by an individual, a single family or other discrete group
of persons, excluding institutional dormitories.
Any room, group of rooms, building or other enclosure connected,
directly or indirectly, to the sewer system and used or intended for
use, in whole or in part, for educational purposes, including both
public and private schools or colleges.
Deemed to constitute the estimated, equivalent amount of
domestic sanitary sewage discharged by a single-family dwelling unit,
determined herein to be 300 gallons per day.
Any property upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure domestic sanitary sewage and/or industrial wastes shall be or may be discharged, which is located within the sewered area and is subject to Article IV, Sewer Use and Connections.
Any improved property used or intended for use, wholly or
in part, for the manufacturing, processing, cleaning, laundering or
assembling of any product, commodity or article, or any other improved
property from which wastes, in addition to or other than domestic
sanitary sewage, shall or may be discharged.
Any and all wastes discharged from an industrial establishment,
and/or any wastewater having characteristics which may have the potential
to be detrimental to the WWTF, other than domestic sanitary sewage.
Any room, group of rooms, building or other enclosure connected,
directly or indirectly, to the sewer system, including institutional
dormitories and educational establishments, which do not constitute
a commercial establishment, a dwelling unit or an industrial establishment.
That part of the sewer system extending from a sewer to the
curbline, or if there is no curbline, to the property line, or if
no such extension is provided, then "lateral" shall mean that portion
of, or place in, a sewer that is provided for connection of any building
sewer.
Any improved property upon which there shall exist any combination
of a dwelling unit, commercial establishment, industrial establishment,
educational establishment or institutional establishment.
Any commercial establishment, educational establishment,
institutional establishment or industrial establishment, regardless
of water consumption or volume of domestic sanitary sewage or industrial
wastes discharged.
Any person vested with title, legal or equitable, sole or
partial, of any improved property.
Any individual, partnership, company, association, society,
trust, corporation or other group or entity, including municipalities,
municipality authorities, school districts and other units of government.
The logarithm of the reciprocal of the concentration of hydrogen
ions, expressed in grams per liter of solution, indicating the degree
of acidity or alkalinity of a substance.
Parts per million parts water, by weight.
Any pipe or conduit constituting a part of the sewer system
used or usable for collection of domestic sanitary sewage and/or industrial
wastes.
That geographic area of the Borough served by the sewer system
as determined and designed, from time to time, by the Council of the
Borough.
All facilities, at any particular time, acquired, constructed,
and/or owned by the Authority and leased to the Borough for collecting,
pumping, transporting, treating and/or disposing of domestic sanitary
sewage and/or industrial wastes.
Includes any street, road, lane, court, cul-de-sac, alley,
public way or public square, including such streets as are dedicated
to public use, and such streets as are owned by private persons.
The tapping fee imposed by the Borough under that ordinance enacted by the Borough, Article II, Sewer Services and Charges, which requires a tapping fee of all owners of any property located in the Borough which connects to the sewer system or modifies property then already connected to the system in such a manner as to increase the EDUs as determined in Article II, Sewer Services and Charges.
Total phosphorus as determined pursuant to the procedure
set forth in the latest edition of "Standard Methods for the Examination
of Water and Wastewater," published by the American Public Health
Association, Inc.
Solids determined by evaporating at 100° C. a mixed sample
of wastewater as determined pursuant to the procedure set forth in
the latest edition of "Standard Methods for the Examination of Water
and Wastewater," published by the American Public Health Association.
Total solids include floating solids, suspended solids, settleable
solids and dissolved solids, as defined below:
SUSPENDED SOLIDSSolids determined by standard laboratory procedure in the waste.
SETTLEABLE SOLIDSSolids that settle in an Imhoff cone from a standard sample of waste.
DISSOLVED SOLIDSSolids that are dissolved in the waste and cannot be removed by filtration but can be determined by evaporation.
Any person who contributes, causes or permits the contribution
of wastewater into the sewer system or the WWTF from an improved property.
The annual rental or charge imposed by the Borough hereunder,
as amended from time to time, against the owner of each improved property,
for the use of the sewer system.
The Jim Thorpe Borough Wastewater Treatment Facility.
A.
A user charge is hereby imposed upon the owner of each improved property
which is or shall be connected to the sewer system, for use of the
sewer system, whether such use is direct or indirect, and for services
rendered by the Borough in connection therewith, and shall be payable
as provided herein. At the discretion of the Borough, such user charge
may be imposed upon the owner of an improved property who fails or
refuses improperly to connect such improved property to the sewer
system, as compensation for the availability of service by the Borough
in connection with the sewer system.
[Amended 12-28-2011 by Ord.
No. 2011-8]
B.
The obligation to pay the user charge by the owner of each improved
property presently connected to the sewer system shall commence and
shall be effective as of the date of connection of each such improved
property to the sewer system. The user charge shall be payable by
the owner of each improved property hereafter to be connected to the
sewer system commencing the earlier of:
[Amended 12-28-2011 by Ord.
No. 2011-8]
C.
Charges.
[Amended 12-22-1997 by Ord. No. 97-16; 12-10-1998 by Ord. No. 98-13; 12-9-1999 by Ord. No. 99-9; 12-14-2000 by Ord. No. 2000-05; 2-8-2001 by Ord. No. 2001-03; 12-13-2001 by Ord. No. 2001-06; 12-11-2003 by Ord. No. 2003-06; 12-14-2006 by Ord. No. 2006-08; 12-13-2007 by Ord. No. 2007-6; 12-11-2008 by Ord. No. 2008-9; 12-10-2009 by Ord. No. 2009-10; 12-28-2011 by Ord. No. 2011-8]
(1)
The user charge for residential and nonresidential sewer service
shall be set from time to time by resolution of Borough Council.
(2)
The volume of water to be used for billing sewer rentals or charges
to owners of improved properties connected to the sewer system shall
include any and all water purchased from the Borough and in addition
all water obtained from any other source (wells, springs, streams,
etc.) as determined:
(a)
By meters installed and maintained by the Borough; or
(b)
By meters installed and maintained by this Borough; or
(c)
By meters maintained and installed by the owner of the nonresidential
improved property, as approved by this Borough; or
(d)
From estimates or measurements made by this Borough, where this
Borough considers metering impractical.
(3)
Noncontaminated wastewaters.
(a)
Exclusion from the sewer system of noncontaminated wastewaters
may be required by this Borough or such exclusion may be optional
with the owner of the improved property if not required by this Borough.
When such waters are so excluded, the sewer rentals or charges will
be based on total water consumed, less water excluded, at the rate
stipulated by resolution of Borough Council.
(b)
Noncontaminated wastewater excluded from the sewer system may
be determined from meters installed and maintained by the owners of
the improved property, as approved by this Borough, or from estimates
or measurements made by this Borough, or the owner of the improved
property may elect to measure the volume of wastes actually discharged
to the sewer system as provided for below.
(4)
This Borough may require an owner of an industrial establishment
or the owner of an industrial establishment may elect to install,
pay for and maintain a meter approved by this Borough for measuring
wastes discharged into the sewer system, in which case the sewer rentals
or charges shall be based on the actual quarterly volume of wastes
discharged into the sewer system, at the same volume rate and subject
to the same minimum sewer rental or charge set by resolution of Borough
Council.
(5)
Surcharges.
(a)
Industrial establishments discharging sanitary sewage and/or industrial wastes into the sewer system having a BOD in excess of 200 ppm and a suspended solids content in excess of 260 ppm shall pay a strength of waste surcharge, in addition to applicable volume charges set forth in this § 355-17, equal to 5/100 of 1% for each ppm by which the BOD exceeds 200 ppm plus 5/100 of 1% for each ppm by which the suspended solids exceed 260 ppm. Surcharges shall be applicable to billing for sewer rentals or charges imposed upon all industrial establishments. The percentage of surcharge shall be applied to the volume charge for the particular industrial establishment.
(b)
The strength of waste to be used for establishing the amount
of surcharge will be determined at least once annually either: by
suitable sampling and analyses of the wastes for a three-day period
during which time the strength of waste being discharged or production
is at a maximum; or by relating production and waste strength at the
time of sampling to waste strength at maximum production if sampling
is not performed at the time of maximum production; or from estimates
made by this Borough; or from known relationships of products produced
to strengths of waste for those industries where such factors have
been established. In establishing waste strengths for surcharge purposes,
analysis shall be made in accordance with procedures outlined in the
latest edition of "Standard Methods for the Examination of Water and
Wastewater" published by the American Public Health Association, Inc.
(c)
Additional classifications and sewer rentals or charges or modifications
of the above schedule of sewer rentals or charges may be established
by this Borough from time to time as deemed necessary.
(6)
Improved property.
D.
In the case of a multiple-use improved property sharing a common connection to the sewer system or a common structure, each such classification of improved property shall pay a separate user charge, as though it was housed in a separate structure and had a direct and separate connection to the sewer system, computed in accordance with Subsection C of this section.
E.
Surcharge.
(1)
The owner of any improved property which shall discharge
domestic sanitary sewage and/or industrial wastes into the sewer system
in excess of a total flow of 300 gallons per day per equivalent dwelling
unit with a peak flow rate in excess of 600 gallons per day for any
ten-minute period, per equivalent dwelling unit, as determined or
reasonably estimated by the Borough, shall pay a volume surcharge.
The owner of any improved property which shall discharge domestic
sanitary sewage and/or industrial wastes to the sewer system having
a BOD greater than 200 ppm, or a suspended solids content greater
than 260 ppm, or a dissolved solids content greater than 500 ppm,
or a total solids content greater than 800 ppm, or a total phosphorus
as P content greater than 10 ppm, or an ammonia nitrogen as N content
greater than 20 ppm, shall pay a strength of waste surcharge, in addition
to applicable user charges.
(2)
Surcharges shall be paid in addition to all user charges computed in accordance with provisions of this § 355-17 and shall be computed on such basis as this Borough may from time to time adopt. The strength of domestic sanitary sewage and/or industrial wastes to be used for establishing the amount of surcharge shall be determined periodically at the discretion of the Borough either:
(a)
By suitable sampling and analysis of such wastes
for a consecutive three-day period during a time of normal plant operation;
or
(b)
From estimates made by the Borough; or
(c)
From known relationships of products produced
to strengths of such wastes for those industries where such factors
have been established. In establishing such waste strengths for surcharge
purposes by analysis, analyses shall be made in accordance with procedures
outlined in the latest edition of "Standard Methods for the Examination
of Water and Wastewater" published by the American Public Health Association,
Inc.
F.
Information to be provided.
(1)
The owner of any improved property discharging domestic sanitary sewage and/or industrial wastes into the sewer system shall furnish to the Borough, including by way of the application for permit described in Article IV, Sewer Use and Connections, all information deemed essential or appropriate by the Borough for the determination of all applicable user charges and surcharges. The costs of obtaining such information shall be borne by such owner of the improved property.
(2)
In the event of the failure of the owner to provide
adequate information, the Borough shall estimate the applicable user
charge and surcharges based upon available information, until such
time as adequate information is received. There shall be no rebate
of past payments if the owner's refusal to provide such information
results in overpayment.
G.
Nothing herein contained shall be deemed to prohibit
this Borough from entering into separate or special agreements with
owners of improved property with respect to the user charge or surcharge
to be imposed in those cases where, due to special or unusual circumstances,
the user charge set forth herein shall be deemed by this Borough,
in its sole discretion, to be inequitable, or where it is in the best
interests of this Borough to do so.
H.
The amount of the user charge stated in this article,
surcharges and any additional charges or fees provided for in this
article, may be changed or revised from time to time pursuant to a
resolution of the Council of the Borough of Jim Thorpe duly approved.
[Amended 12-11-2008 by Ord. No. 2008-9; 12-28-2011 by Ord. No.
2011-8]
A.
Billing.
(1)
All bills for user charges and surcharges shall be sent by the Borough
of Jim Thorpe and/or its designee on such date as Borough Council
by resolution shall specify.
B.
Payments.
(1)
Payments of all user charges and applicable surcharges shall be due
and payable upon the applicable billing date, at the office of the
Borough, in the appropriate amount, computed in accordance with this
article, which should constitute the net bill.
C.
It shall be the responsibility of each owner of an improved property
to provide the Borough with, and thereafter keep the Borough continuously
advised of, the correct mailing address of such owner. Failure of
any owner to receive a bill for charges due and payable shall not
be considered an excuse for nonpayment, nor shall such failure result
in an extension of the period of time during which the net bill shall
be payable.
D.
Changes.
(1)
No officer or employee of the Borough is authorized to reduce, vary
or exempt charges imposed herein or other provisions of this article
without official action by the Council of this Borough.
(2)
Every owner of improved property shall remain liable for the payment
of user charges and surcharges until the later of: the receipt by
the Borough of written notice by such owner that the property has
been sold, containing the correct name and mailing address of the
new owner; or the date on which title to the improved property is
transferred to a new owner. Failure to provide notice renders an owner
continuously liable for any changes that may accrue until such time
as the Borough has been properly notified of any change in ownership
as described above.
E.
All bills shall be considered delinquent if not paid within 15 days
after the date of the bill. If the bill is not paid within 15 days
after the date of the bill, the bill shall be subject to a penalty
of 15%.
[Amended 12-13-2012 by Ord. No. 2012-2]
F.
Liens for user charges; filing and collection of liens. User charges
plus any applicable surcharges imposed by this article shall be a
lien on the improved property connected to and served by the sewer
system; and any such rentals or charges which are not paid within
30 days after each billing date may be filed as a lien against the
improved property so connected to and served by the sewer system,
which lien shall be filed in the office of the Prothonotary of Carbon
County, Pennsylvania, and shall be collected in the manner provided
by law for filing and collecting of municipal claims.
A.
No person shall discharge or shall cause to be discharged
into the sewer system any stormwater, surface water, spring water,
groundwater, roof runoff, subsurface drainage, building foundation
drainage, cellar drainage or drainage from roof leader connections.
B.
Except as otherwise provided, no person shall discharge
or cause to be discharged into the sewer system any matter or substance:
(1)
Having a temperature higher than 104° F. (40°
C.) or less than 32° F.;
(2)
Containing more than 50 mg/L of fat, oil or grease;
(3)
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 WWTF or to the operation of the WWTF. At no time
shall two successive readings on an explosion hazard meter, at any
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
limits (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 commonwealth or EPA has notified the user is
a fire hazard or a hazard to the sewer system;
(4)
Containing any solid wastes with particles greater
than 1/2 inch in any dimension, resulting from preparation, cooking
and dispensing of food and from handling, storage and sale of produce,
which wastes commonly are known as garbage, which have not been ground
by household type garbage disposal units or other suitable garbage
grinders;
(5)
Containing any solids or viscous substances which
may cause obstruction to flow in the sewer system or other interference
with the proper operation of the WWTF such as, but not limited to:
animal guts or tissues, paunch manure, bones, hair, hides or flashings,
feathers, entrails, whole blood, ashes, cinders, sand, spent lime,
stone or marble dust, metal, glass, straw, shavings, grass clippings,
rags, spent grains, spent hops, wastepaper, strings, wood, plastics,
gas tar, asphalt residues, residues from refining, or processing of
fuel or lubricating oil, mud, or glass grinding or polishing wastes,
dental floss, wool or other fibers;
(6)
Having a pH lower than 6.0 or higher than 9.0, or
having any other corrosive property capable of causing damage or hazards
to structures or equipment of the sewer system or any sewer or to
any person engaged in operation and maintenance of the sewer system;
(7)
Containing toxic or poisonous substances in sufficient
quantity to injure or to interfere with any sewage treatment process,
to constitute hazards to humans or animals or to create any hazards
in waters which shall receive treated effluent from the sewer system;
(8)
Containing noxious or malodorous gases or substances
capable of creating a public nuisance or a hazard to life;
(9)
Containing dyes or other materials with objectionable
color, from any source that will result in a treatment plant effluent
exceeding limits in compliance with applicable state or federal regulations;
(10)
Any substance which may cause the WWTF's effluent
or any other product of the WWTF, 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
WWTF cause the WWTF to be in noncompliance with sludge use or disposal
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 commonwealth criteria applicable
to the sludge management method being used;
(11)
Containing radioactive substances and/or isotopes
of such half-life or concentration that will result in a treatment
plant effluent exceeding limits in compliance with applicable state
or federal regulations;
(12)
Having a chlorine demand in excess of 12 mg/l
at a detention time of 20 minutes;
(13)
Prohibited by any permit issued by the Commonwealth
of Pennsylvania or the U.S. Environmental Protection Agency;
(14)
Containing wastes which are not amenable to
biological treatment or reduction in existing treatment facilities,
specifically nonbiodegradable complex carbon compounds;
(15)
Having a BOD content greater than 200 ppm;
(16)
Having a suspended solids content greater than
260 ppm;
(17)
Having a total phosphorus as P content greater
than 10 ppm;
(18)
Having an ammonia nitrogen as N content greater
than 20 ppm;
(19)
Having any waste containing toxic or poisonous
substances in excess of the following limits, measured at the point
of discharge to the sewer system:
|
Substance
|
Maximum Concentration
(ppm)
| |
|---|---|---|
|
Arsenic
|
0.05
| |
|
Cadmium (as Cd)
|
0.1
| |
|
Chromium (trivalent)
|
1.0
| |
|
Chromium (hexavalent)
|
0.05
| |
|
Copper (as Cu)
|
0.16
| |
|
Cyanides (free CN)
|
0.05
| |
|
Lead
|
0.10
| |
|
Mercury
|
0.002
| |
|
Nickel (as Ni)
|
0.5
| |
|
Phenolic compounds
|
0.005
| |
|
Silver
|
0.05
| |
|
Zinc (as Zn)
|
1.0
|
(20)
Containing any substance not mentioned in the
foregoing list that will pass through the WWTF and exceed the maximum
permitted levels for such substance under the requirements of the
commonwealth or other governmental agencies having jurisdiction; or
(21)
Any other substance prohibited by ordinance,
resolution, rule or regulation of the Borough hereafter enacted or
adopted from time to time.
C.
Under no circumstances shall any person discharge or cause to be discharged into the sewer system any of the substances listed in Subsection B above without first securing written permission to do so from the Borough.
D.
Upon the promulgation of the federal categorical pretreatment
standards for a particular industrial subcategory, the federal standard,
if more stringent than limitations imposed under this article for
sources in that subcategory, shall immediately supersede the limitations
imposed under this article. The Borough shall notify all affected
users of the applicable reporting requirements under 40 CFR 403.12.
E.
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 or a specific limitation developed by the Borough or commonwealth. (Comment: Dilution may be an acceptable means of complying with some of the prohibitions set forth in Subsection B, e.g., the pH prohibition. Such practices must receive prior written approval from the Borough.)
F.
Whenever a person is authorized by the Borough and the appropriate governmental agencies to discharge any polluted water, domestic sanitary sewage or industrial waste containing any of the substances or possessing any of the characteristics referred to in Subsection B, such discharge shall be subject to the continuing approval, inspection and review of the Borough. If, in the opinion of the Borough, such discharges are causing or will cause damage to the sewer system, or cause the Borough to be in violation of any agreement or order, the Borough shall order the person causing such discharge to cease doing so forthwith, or to take other appropriate action, including exercising the remedies provided in Article IV, Sewer Use and Connections, to eliminate the harmful discharge.
G.
Nothing contained herein shall be construed as prohibiting
any special agreement or arrangement between the Borough and the owner
of an improved property allowing industrial wastes of unusual strength
or character to be admitted into the sewer system.
H.
Pretreatment facilities.
(1)
Where necessary or appropriate, in the opinion of
the Borough, the owner of an improved property shall provide, at the
sole expense of the owner, suitable pretreatment facilities acceptable
to the Borough.
(2)
Plans, specifications and any other pertinent information
relating to proposed facilities for preliminary treatment and handling
of industrial wastes shall be submitted for approval of the Borough.
No construction of any such facility shall commence until approval
has been obtained, in writing, from the Borough, and until approval
has been obtained from any and all regulatory bodies having jurisdiction.
Costs and expenses incurred by the Borough in reviewing proposed facilities
for preliminary treatment and handling of industrial wastes shall
be paid and secured by the owner or user of such facilities.
(3)
Such facilities for preliminary treatment and handling
of industrial wastes shall be continuously maintained, at the sole
expense of the owner, in good operating condition satisfactory to
the Borough. The Borough shall have access to such facilities at reasonable
times for purposes of inspection and sampling.
I.
This Borough reserves the right to refuse permission
to connect to the sewer system, to compel discontinuance of use of
the sewer system, or to compel pretreatment of industrial wastes by
any industrial establishment, in order to prevent discharges deemed
harmful or to have a deleterious effect upon any sewer or the sewer
system.
A.
Prior approval of Borough required. No person shall
discharge or cause to be discharged into the sewer system any industrial
wastes without prior application for and receipt of a written permit
from the Borough.
B.
Required survey data. Any person desiring to make
or use a connection through which industrial wastes shall be discharged
into the sewer system shall file with the Borough a completed industrial
wastes questionnaire, furnished by the Borough, which shall supply
pertinent data, including estimated quantity of flow, characteristics
and constituents of the proposed discharge. The cost of obtaining
all such data shall be borne by the person desiring to make or use
the connection to the sewer system.
C.
Confidential information.
(1)
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. If the user specifically requests and
is able to demonstrate to the satisfaction of the Borough, that the
release of certain portions of a report might disclose trade secrets
or secret processes, those sections shall not be made available for
inspection by the public. However, all information and data provided
by industrial users shall be made available to the EPA as provided
by Section 308 of the Clean Water Act, 33 U.S.C. § 1317.
(2)
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 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.
(3)
Information accepted by the Borough as confidential
shall not be transmitted to any governmental agency or to the general
public by the Borough until and unless a ten-day notification is given
to the user.
D.
Required quarterly report of major contributors.
(1)
Ten days prior to the first day of January, April,
July and October of each year, each major contributor of industrial
wastes shall file with the Borough a report on the quality and quantity
of their discharge. The report forms shall be supplied by the Borough
and shall be similar to EPA 7550-22, page IV-1.
(2)
Major contributors shall consist of those whose total
estimated or metered discharge exceeds 20,000 gallons per day, have
in their waste a toxic pollutant or, in the judgment of the Borough,
would have a significant impact on the sewer system or the quality
of its effluent.
E.
Control manholes.
(1)
When required by the Borough, the owner of any improved
property serviced by a building sewer carrying industrial wastes shall
install, at his expense, a suitable control manhole, together with
such necessary meters and other appurtenances in the building sewer,
to facilitate observation, sampling and measurement of the waste flow.
Any such control manhole, when required by this Borough, shall be
constructed at an accessible, safe, suitable and satisfactory location
in accordance with plans approved by this Borough prior to commencement
of construction.
(2)
Waste sampling. All measurements, tests, and analysis
of the characteristics of waters and wastes to which reference is
made herein shall be determined in accordance with the latest edition
of "Standard Methods for Examination of Water and Wastewater," published
by the American Public Health Association, Inc. and shall be determined
by or under the direct supervision of a qualified analyst at the control
manhole provided, or upon suitable samples taken at such control manhole.
In the event that no special manhole has been required, the control
manhole shall be considered to be the nearest downstream manhole in
the public sewer to the point at which the building sewer is connected.
Sampling shall be carried out by customarily accepted methods to reflect
the effect of constituents upon the sewer system and to determine
the existence of hazards to life, limb, and property. (The particular
analyses involved will determine whether a twenty-four-hour composite
of all outfalls of a premises is appropriate or whether a grab sample
or samples must be taken.)
F.
Changes in type of waste. Any industrial establishment
discharging domestic sanitary sewage and/or industrial wastes into
the sewer system and contemplating a change in the method of operation
which will alter the characteristics and/or volume of such wastes
being discharged shall notify the Borough, in writing, at least 10
days prior to institution of such change.
G.
Required interceptors. Grease, oil and sand interceptors
shall be provided by the owner of any industrial, commercial or institutional
establishment, at his or its sole cost, when required by the Borough,
for the proper handling of liquid wastes containing excessive grease,
oil, inflammable wastes, sand or other harmful substances. All interceptors
shall be of a type and capacity approved by the Borough and constructed
or installed at a satisfactory location in accordance with plans approved
by the Borough prior to installation or commencement of construction.
H.
Grinders.
(1)
The owner of any improved property, upon direction
of the Borough, shall acquire and install, at such owner's cost and
expense, a grinder pump or similar apparatus satisfactory to the Borough
in the manner and at the location directed by the Borough. Such grinder
pump shall be installed at the time such improved property is connected
to the sewer system and shall be subject to inspection and approval
together with the remainder of the building sewer.
(2)
The use of mechanical garbage grinders in an industrial
establishment or a commercial establishment shall not be permitted
without prior approval from the Borough.
I.
The Borough reserves the right to require industrial
establishments having large variations in rates of waste discharge
to install suitable regulating devices for equalizing waste flows
to the sewer system.
A.
Installation and maintenance; readings.
(1)
The furnishing and installation of meters or other
measuring devices which shall not be owned by this Borough or the
Authority, but shall be permitted under provisions of this article,
shall be the sole responsibility of the owner. The installation or
use of such meters or other measuring devices at all times shall be
subject to the approval of this Borough and may be tested and inspected
by this Borough whenever necessary. The owner shall be responsible
for the maintenance, safekeeping and repair of any such meter, whether
such repairs shall be made necessary by ordinary wear and tear or
other causes.
(2)
This Borough shall be responsible for the reading
of all meters or other measuring devices and the same shall be available
to employees and agents of this Borough at all reasonable times.
B.
The Borough shall have the right of access, at all
reasonable times, to any part of any improved property as necessary
for purposes of inspection, observation, measurement, sampling and
testing and for performance of other functions relating to service
rendered by the Borough.
The owner of any improved property shall be
held liable for all acts of tenants or other occupants of such improved
property, as may be permitted by law, insofar as such acts shall be
governed by the provisions of this article.
This article should be enforced by that person
or agency appointed to operate the Jim Thorpe Borough Wastewater Treatment
Facility.
Any person, firm or corporation who shall violate
any provision of this article shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000, and in default of payment,
to imprisonment for a term not to exceed 30 days. Every day that a
violation of this article continues shall constitute a separate offense.
Any person who knowingly makes any false statements,
representation, or certification in any application, record, report,
plan, or other document filed or required to be maintained pursuant
to this article, 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 $1,000,
and in default of payment, by imprisonment for not more than 30 days.
The Borough shall adopt, from time to time,
such additional rules and regulations as it shall deem necessary and
proper in connection with the use and operation of the sewer system,
which rules and regulations shall be, shall become and shall be construed
as part of this article.
It is declared that enactment of this article
is necessary for the protection, benefit and preservation of the health,
safety and welfare of the inhabitants of this Borough.
