[Adopted 4-3-1997 by Ord. No. 97-11-B]
A. 
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 N
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.
AUTHORITY
Jim Thorpe Municipal Authority, a Pennsylvania municipality authority.
BOD (biochemical oxygen demand)
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.
BOROUGH
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.
BUILDING SEWER
The sewer extension from the sewage drainage system of any improved property to the lateral serving such improved property.
COMMERCIAL ESTABLISHMENT
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.
COMMONWEALTH
The Commonwealth of Pennsylvania.
CONNECTION ORDINANCE
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.
COUNCIL
The Council of the Borough.
DOMESTIC SANITARY SEWAGE
Normal water-carried household and toilet wastes discharged from any improved property.
DWELLING UNIT
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.
EDUCATIONAL ESTABLISHMENT
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.
EQUIVALENT DWELLING UNIT or EDU
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.
IMPROVED PROPERTY
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.
INDUSTRIAL ESTABLISHMENT
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.
INDUSTRIAL WASTES
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.
INSTITUTIONAL ESTABLISHMENT
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.
LATERAL
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.
MULTIPLE USE IMPROVED PROPERTY
Any improved property upon which there shall exist any combination of a dwelling unit, commercial establishment, industrial establishment, educational establishment or institutional establishment.
NONRESIDENTIAL
Any commercial establishment, educational establishment, institutional establishment or industrial establishment, regardless of water consumption or volume of domestic sanitary sewage or industrial wastes discharged.
OWNER
Any person vested with title, legal or equitable, sole or partial, of any improved property.
PERSON
Any individual, partnership, company, association, society, trust, corporation or other group or entity, including municipalities, municipality authorities, school districts and other units of government.
pH
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.
PPM
Parts per million parts water, by weight.
SEWER
Any pipe or conduit constituting a part of the sewer system used or usable for collection of domestic sanitary sewage and/or industrial wastes.
SEWERED AREA
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.
SEWER SYSTEM
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.
STREET
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.
TAPPING FEE
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 P
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.
TOTAL SOLIDS
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:
(1) 
SUSPENDED SOLIDSSolids determined by standard laboratory procedure in the waste.
(2) 
SETTLEABLE SOLIDSSolids that settle in an Imhoff cone from a standard sample of waste.
(3) 
DISSOLVED SOLIDSSolids that are dissolved in the waste and cannot be removed by filtration but can be determined by evaporation.
USER
Any person who contributes, causes or permits the contribution of wastewater into the sewer system or the WWTF from an improved property.
USER CHARGE
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.
WWTF
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]
(1) 
The date of actual, physical connection of an improved property to the sewer system; or
(2) 
Sixty days from the date indicated on the notice to connect described in Article IV, Sewer Use and Connections.
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.
(a) 
User charges for any improved property, in the discretion of the Borough, may be determined on a metered rate basis calculated according to:
[1] 
Metered volume of potable water usage by the improved property, adjusted, if appropriate, by the Borough; or
[2] 
Actual metered volume of wastewater discharged by the improved property into the sewer system.
(b) 
In either of the foregoing cases, such user charges shall be computed in accordance with a metered rate schedule to be established by the Borough.
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.
G. 
Any bills which are not paid on a timely basis and are placed with a third-party collection agency shall be subject to additional penalties as set forth in Chapter 414 of the Jim Thorpe Borough Code.
[Added 3-8-2018 by Ord. No. 2018-01]
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.
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.