Borough of West Conshohocken, PA Sewer Use

To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge.

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.

To improve the opportunity to recycle and reclaim wastewaters and sludges from the system.

AUTHORIZED REPRESENTATIVE OF SIGNIFICANT USER

To provide for equitable distribution of the cost for the implementation of the Authority's municipal industrial pretreatment program.

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.

This article shall apply to the Borough of West Conshohocken and to persons outside the Borough who are users or significant users of the Municipal Authority public sewer system. Except as otherwise provided herein, the Municipal Authority shall administer, implement and enforce the provisions of this article.

[Amended 6-14-2005 by Ord. No. 05-04, approved 6-14-2005]

Nothing contained in this article shall be construed as preventing any special agreement or agreement between the Municipal Authority and significant users within or out of the Borough whereby a waste of unusual strength or character may be accepted by the Municipal Authority by special agreements, in writing, executed prior to such acceptance, containing safeguards, limitations and conditions acceptable to the Municipal Authority.

§ 93-30 Definitions.

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

ACT or THE ACT

The Federal Water Pollution Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.

APPROVAL AUTHORITY

The Director in a National Pollutant Discharge Elimination System state with an approved state pretreatment program and the Administrator of the Environmental Protection Agency in a non-National Pollutants Discharge Elimination System state or National Pollutant Discharge Elimination System state without an approved state pretreatment program.

An "authorized representative of a significant user" may be a principal executive officer of at least the level of vice president if the significant user is a corporation; a general partner or proprietor if the significant 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.

BIOCHEMICAL OXYGEN DEMAND (BOD)

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

BOROUGH

The Borough of West Conshohocken, Montgomery County, Pennsylvania.

BOROUGH AUTHORITY

The West Conshohocken Municipal Authority, Montgomery County, Pennsylvania.

BUILDING DRAIN

That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.

BUILDING SEWER

A sewer conveying wastewater from the premises of a user to the publicly owned treatment works.

CATEGORICAL STANDARDS

National Categorical Pretreatment Standards or pretreatment standards.

CONTROL AUTHORITY

Refers to the approval authority, as defined hereinabove, or the Superintendent if the Borough has an approved pretreatment program under the provisions of 40 CFR 403.11.

COOLING WATER

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

DIRECT DISCHARGE

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

EDU

Equivalent domestic unit with the following wastewater characteristics:

	Characteristic	Amount
	Flow	250 gpd
	Ammonia — Nitrogen	25 mg/l as N
	BOD	250 mg/l
	Phosphate	10 mg/l as P
	Suspended solids	250 mg/l
	TKN	40 mg/l as N

ENVIRONMENTAL PROTECTION AGENCY (EPA)

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

GRAB SAMPLE

A sample which is taken from a waste stream on a one-time basis, with no regard to the flow in the waste stream and without consideration of time.

HOLDING TANK WASTE

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

INDIRECT DISCHARGE

The discharge or the introduction of pollutants into the publicly owned treatment works, including holding tank waste discharged into the system.

INDUSTRIAL USER

An industrial source of indirect discharge.

INTERFERENCE

The inhibition or disruption of the publicly owned treatment works, treatment processes or operations which contributes to a violation of any requirement of the Municipal Authority's National Pollution Discharge Elimination System permit. The term includes prevention of sewage sludge used or disposal by the publicly owned treatment works 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 the SWDA, applicable to the method of disposal or use employed by the publicly owned treatment works.

NATIONAL CATEGORICAL PRETREATMENT STANDARD OR PRETREATMENT STANDARD

Any regulation containing pollutant discharge limits promulgated by the EPA, in accordance with Section 37(b) and (c) of the Act (33 U.S.C. § 1347), which applies to a specific industry.

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT

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

NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD

Any regulation developed under the authority of 307(b) of the Act and 40 CFR 403.5.

NEW SOURCE

Any source, the construction of which is commenced after the publication of proposed regulations prescribing a Section 307(c) (33 U.S.C. § 1317) categorical pretreatment standard, which will be applicable to such sources 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.

PERSON

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 logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

POLLUTANT

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.

POLLUTION

The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

PUBLICLY OWNED TREATMENT WORKS TREATMENT PLANT

That portion of the publicly owned treatment works designed to provide treatment to wastewater.

PRETREATMENT STANDARDS

Any substantive or procedural requirement related to pretreatment other than a national pretreatment standard imposed on an significant user.

PRETREATMENT or TREATMENT

The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to, or in lieu of, discharging or otherwise introducing such pollutants into a publicly owned treatment works. 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).

PUBLICLY OWNED TREATMENT WORKS (POTW)

A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292) which is owned in this instance by the Authority. 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 Municipal Authority, users of the Municipal Authority's POTW.

SIGNIFICANT USER

Any nonresidential 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 Municipal Authority's wastewater collection and treatment system; or has in his wastes toxic pollutants as defined pursuant to Section 307 of the Act or Pennsylvania statutes and rules; or is found by the Municipal Authority, Pennsylvania Department of Environmental Resources (PADER) or the United States Environmental Protection Agency (EPA) to have significant impact either singly or in combination with other contributing significant users on the wastewater treatment system, the quality of sludge, the system's effluent quality or air emissions generated by the system.

SIGNIFICANT USER PERMIT

As set forth in §§ 93-41C, D, E, F, G and H and 93-42 of this article.

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

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

STATE

The Commonwealth of Pennsylvania.

STORMWATER

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

SUPERINTENDENT

The person designated by the Borough of West Conshohocken Municipal Authority who is charged with certain duties and responsibilities by this article or his duly authorized representative, deputy or agent.

SUSPENDED SOLIDS

The total suspended matter that floats on the surface or is suspended in water, wastewater or other liquids and which is removable by laboratory filtering.

TOXIC POLLUTANT

Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the EPA under the provision of Section 307(a) of the Clean Water Act or other acts.

USER

Any person who contributes, causes or permits the contribution of wastewater into the POTW.

WASTEWATER

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

WATERS OF THE STATE

All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portion thereof.

Usage.

"Shall" is mandatory; "may" is permissive.

The masculine gender shall include the feminine and the singular shall include the plural where indicated by the context.

Abbreviations. 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

§ 93-31 General regulations.

No user or significant 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 any other national, state or local pretreatment standards or requirements. A user or significant user may not contribute the following substances to any POTW:

Any liquids, solids or gases which by reason of their nature or quantity are or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. 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, hydrides, sulfides and any other substance which the Municipal Authority, the state or the EPA has notified the user is a fire hazard or a hazard to the system.

Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, such as, but not limited to, grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides, 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.

Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent and/or Municipal Authority, they are necessary for the proper handling of liquid wastes containing floatable grease in such amounts as to cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, or any flammable wastes, sand or other harmful ingredients, except such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent and the Municipal Authority and shall be located so as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the Superintendent and the Municipal Authority. Any removal and hauling of the collected materials not performed by the owner's or owners' personnel must be performed by currently licensed waste disposal firms.

Any wastewater having a pH of less than 5.0, 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.

Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure, to interfere with any wastewater treatment process, to constitute a hazard to humans or animals, to create a toxic effect in the receiving waters or the POTW or to exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Act.

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.

(7)

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; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act or state criteria applicable to the sludge management method being used.

(8)

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

(9)

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

(10)

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's which exceeds 40° C. (104° F.), unless the POTW treatment plant is designed to accommodate such temperature.

(11)

Any pollutants, including oxygen demanding pollutants (BOD, etc.), released at a flow rate and/or pollutant concentration which cause interference to the POTW. In no case shall a sludge load have a flow rate or contain concentration 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.

(12)

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.

(13)

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

(14)

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

When the Borough Authority determines that a user or significant user is contributing to the POTW and/or the Borough Authority's public sewer system any of the above-enumerated substances in such amounts as interfere with the operation of the POTW and/or the Borough Authority's public sewer system, the Borough Authority shall advise the user of the impact of the contribution on the POTW and/or the Borough Authority's public sewer system and develop effluent limitations for such user to correct the interference with the POTW and/or the Borough Authority's public sewer system.

[Amended 6-14-2005 by Ord. No. 05-04, approved 6-14-2005]

§ 93-32 Use of publicly owned treatment works facilities.

It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner, on public or private property, within the Borough of West Conshohocken or in any area under the jurisdiction of said Borough or within any portion of the Borough Authority's public sewer system any human or animal excrement, garbage or objectionable waste.

[Amended 6-14-2005 by Ord. No. 05-04, approved 6-14-2005]

It shall be unlawful to discharge to any natural outlet within the Borough or under the jurisdiction of the Borough or within any portion of the Borough Authority's public sewer system any wastewater, except where suitable treatment has been provided in accordance with subsequent provisions of this article.

[Amended 6-14-2005 by Ord. No. 05-04, approved 6-14-2005]

The owner(s) of all houses, buildings or properties used for human occupancy, employment, business, industry or other purposes situated within the Borough and abutting on any street, alley or right-of-way in which there is now located or may in the future be located publicly owned treatment works of the Municipal Authority is hereby required, at the owner's or owners' expense, to install suitable toilet facilities therein and to connect such facilities directly with the publicly owned treatment works in accordance with the provisions of this article within 90 days after the date of official notice to do so, provided that said publicly owned treatment works is within 100 feet (30.5 meters) of the property line.

§ 93-33 Building sewers and connections.

No unauthorized persons shall uncover, make any connections with or opening into, use, alter or disturb the POTW or the Authority's public sewer system or any appurtenance thereof of either without first obtaining a written user permit from the Borough Authority as set forth in § 93-41B of this article.

[Amended 6-14-2005 by Ord. No. 05-04, approved 6-14-2005]

There shall be two classes of user permits: for residential and commercial service and for service to establishments producing industrial waste. In either case, the owner or his agent shall make application on a special form furnished by the Municipal Authority. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent and/or the Municipal Authority. A permit and inspection fee for a residential or commercial user permit and for a significant waste user permit shall be paid to the Municipal Authority at the time the application is filed. All user permit applications shall be reviewed and approved, in writing, by the Municipal Authority prior to permit issuance. Permit and inspection fees for user permits shall be in such amounts as may be established from time to time by the Municipal Authority.

All costs and expenses incidental to the installation, connection and maintenance of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the Borough and the Municipal Authority from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

A separate and independent building sewer shall be provided for every building.

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this article.

The size, slope, alignment, materials or construction of a building sewer and the methods to be used in excavating, the placing of the pipe, joint testing and backfilling the trench shall all conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the Borough, as well as all applicable rules and regulations of the Borough Authority. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society for Testing and Materials and Water Pollution Control Federation Manual of Practice No. 9 shall apply.

[Amended 6-14-2005 by Ord. No. 05-04, approved 6-14-2005]

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the POTW, wastewater carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

No person shall make connection of sump pumps, roof downspouts, foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to the POTW or the Borough Authority's public sewer system, unless such connection is approved, in writing, by the Borough Authority for purposes of disposal of polluted surface drainage. Any such approved connection must be made in compliance with all applicable Borough Authority rules and regulations.

[Amended 6-14-2005 by Ord. No. 05-04, approved 6-14-2005]

The connection of the building sewer into the POTW or the Borough Authority's public sewer system shall conform to the requirements of the Borough Authority's applicable rules and regulations and the Building and Plumbing Code or other applicable rules and regulations set forth in appropriate specifications of the American Society for Testing and Materials and the Water Pollution Control Federation Manual of Practice No. 9. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.

[Amended 6-14-2005 by Ord. No. 05-04, approved 6-14-2005]

The applicant for the user permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the POTW or the Borough Authority's public sewer system. The connection to the POTW or the Borough Authority's public sewer system and testing shall be made under the supervision of the Borough Authority's designated representative.

[Amended 6-14-2005 by Ord. No. 05-04, approved 6-14-2005]

All excavations for building sewer installation shall be adequately guarded with barricades and lights, so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Borough and Municipal Authority.

No excavation, construction or connection work shall be commenced within a Municipal Authority right-of-way until the owner, his agents and/or independent contractor shall have first filed a bond in double the amount of the cost of the work to be performed, as determined by the Municipal Authority, agreeing to indemnify and save harmless the Municipal Authority against any and all losses, damages, costs and expenses which the Municipal Authority may thereafter suffer, incur, be put to or pay by reason of the failure to complete properly any of the aforesaid excavation, construction or connection work. The term "owner," as used herein, shall be deemed to include the owner or owners in fee simple, lessees of the premises, occupiers of the premises and all other parties having a beneficial use or interest in the premises and occupying the same with the consent and permission of the owner of the fee title.

§ 93-34 Federal Categorical Pretreatment Standards.

Upon the promulgation of the Federal Categorical Pretreatment Standard under Section 307 of the Clean Water Act for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall control; and neither the Borough nor the Municipal Authority shall be responsible for notifying all affected users or significant users of the applicable reporting requirements under 40 CFR 402.12. Each significant user shall be responsible for notifying the Municipal Authority of changes to their status under the federal, state or local regulations.

Where the Municipal Authority's wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the Municipal Authority may apply to the approval authority for modifications of specific limits in the federal pretreatment standards. "Consistent removal" shall mean the reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater 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 40 CFR 403.7(c)(2); General Pretreatment Regulations for Existing and New Sources of Pollution, promulgated pursuant to the Act. The Borough may then modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR 403.7 are fulfilled and prior approval from the approval authority is obtained.

§ 93-35 Specific pollutant limitations.

No person shall discharge wastewater containing in excess of the following concentrations:

[Amended 5-12-2009 by Ord. No. 2009-02, approved 5-12-2009]

Parameter		Maximum Concentrations from Industrial Connections to POTW (milligrams per liter)
Antimony		5.0
Arsenic		0.88
Barium		4.0
Boron		1.0
Cadmium		0.28
Chromium		57.21
Copper		4.41
Cyanide		5.52
Iron		5.0
Lead		1.33
Manganese		1.0
Mercury		0.08
Molybdenum		5.25
Nickel		4.57
Phenol		0.5
Selenium		1.15
Silver		13.08
Tin		3.0
Vanadium		3.0
Zinc		8.06
Total halogenated organics		5.0
Toxic pollutants listed in Section 307, Clean Water Act
	For any parameter	5.0
	Total for all toxic parameters on list	30.0

All wastewater entering the Municipal Authority's collection system shall be pretreated to normal domestic levels, unless otherwise stated, in writing, by the Municipal Authority by way of the significant user permit. These levels shall be as follows:

	Parameter	Normal Domestic Levels (mg/l)
	BOD	250
	Suspended solids	250
	Ammonia nitrogen	25 as N
	TKN	25 as N

Where any significant user requires greater than 5% of the POTW treatment plant's capacity on an average daily mass basis, more stringent limitations may be imposed.

The size of the sample taken shall not be a factor in determining whether any limit set forth in this section or any limit set forth in the rules and regulations of the Authority has been met or exceeded. All discharges of any size shall comply with such limits, and any sample of any size which does not comply with such limits constitutes a violation and noncompliance.

[Added 5-12-2009 by Ord. No. 2009-02, approved 5-12-2009]

§ 93-36 State requirements.

State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this article.

§ 93-37 Right of revision.

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 § 93-29 of this article.

§ 93-38 Dilution of discharge.

No significant user shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the Federal Categorical Pretreatment Standards or with any other pollutant-specific limitation developed by Borough, state or federal agencies.

§ 93-39 Accidental discharge.

Each significant 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 significant user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Municipal Authority and shall be approved by the Municipal Authority before construction of the facility. All existing significant users shall complete such a plan prior to the issuance of a permit. No significant user who commences contribution to the POTW after the effective date of this article shall be permitted to introduce pollutants into the system until the accidental discharge procedures have been approved by the Municipal Authority. Review and approval of such plans and operating procedures shall not relieve the significant user from the responsibility to modify its facility, as necessary, to meet the requirements of this article. In the case of an accidental discharge, it is the responsibility of the significant user to immediately telephone and notify the Borough, the Borough Authority and the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions. The significant user must also provide written notification to the Borough, the Borough Authority and the POTW, which notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.

[Amended 6-14-2005 by Ord. No. 05-04, approved 6-14-2005]

Within five days following an accidental discharge, the significant user shall submit to the Borough Authority and to the applicable POTW a detailed written report describing the cause of the discharge and the measures to be taken to mitigate any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW or aquatic life or any other damage to persons or property. Such report shall not relieve the user or significant user of any fines, civil penalties or other liability which may be imposed by this article or other applicable law.

A notice shall be permanently posted on the significant 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 procedures.

§ 93-40 Fees.

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

The Municipal Authority may adopt charges and fees which may include:

Fees for reimbursement of costs of setting up and operating the Municipal Authority's pretreatment program.

Fees for monitoring, inspections and surveillance procedures.

Fees for reviewing accidental discharge procedures and construction.

Fees for permit applications.

Fees for filing appeals.

Fees for consistent removal by the Municipal Authority of pollutants otherwise subject to federal pretreatment standards.

(7)

Other fees that the Municipal Authority may deem necessary to carry out the requirements contained herein.

These fees relate solely to the matters covered by this article and are separate from all other fees chargeable by the Municipal Authority.

§ 93-41 Permits.

In the absence of a permit from the Municipal Authority, it shall be unlawful to discharge to the publicly owned treatment works any wastewater except as authorized, in writing, by the Municipal Authority in accordance with the provisions of this article.

User permits.

All users proposing to connect to and contribute to the POTW shall obtain a user permit before connecting to or contributing to the POTW.

There shall be two classes of user permits: for residential and commercial service and for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the Municipal Authority. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent and/or the Municipal Authority. A permit and inspection fee for a residential or commercial user permit and for an industrial user permit shall be paid to the Municipal Authority at the time the application is filed. All user permit applications shall be reviewed and approved, in writing, by the Municipal Authority prior to permit issuance. Permit and inspection fees for user permits shall be in such amounts as may be established from time to time by the Municipal Authority.

The Municipal Authority may:

Impose conditions in any user permit for compliance with monitoring and reporting requirements and compliance with pollutant limitations, which conditions are deemed necessary by the Municipal Authority to ensure continued compliance with pretreatment standards and requirements.

Modify existing permits to respond to changes in industrial discharges to alleviate problems at the POTW treatment plant, to meet standard quality water standards or to incorporate National Categorical Pretreatment Standards and requirements.

(c)

Prohibit the transfer of user permits when an industry is acquired by a new owner.

(d)

Revoke user permits to ensure against violations of permit conditions.

The Municipal Authority shall require a user of sewer services to provide information needed to determine compliance with this article other applicable local, state or federal laws, rules or regulations. These requirements may include:

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

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

(c)

Quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to sewer use control.

(d)

A plot plan of sewers on the user's property, showing sewer facility locations and all proposed sewer connections to these facilities.

(e)

Details of systems to prevent and control stormwater from entering municipal sewers.

(f)

Payment of ail costs incurred for the information described in Subsection B(4) shall be paid by the user of the sewer services, in addition to other charges and sewer rentals.

All measurements, tests and analyses of the characteristics of waters and wastewaters to which reference is made in this article shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association. Sampling methods, locations, times, durations and frequencies are to be determined on an individual basis, subject to approval by the Superintendent and/or the Municipal Authority.

The user shall be responsible for submitting all applicable county, regional, state or federal permits or planning documents required for approval of sewer connections.

Significant users.

Permit required.

All significant users proposing to connect to or contribute to the POTW shall obtain a significant user permit before connecting to or contributing to the POTW. All existing significant users connected to or contributing to the POTW shall apply for a significant use permit within 30 days after the effective date of this article.

Where a user becomes subject to a new National Categorical Pretreatment Standard but has not previously submitted an application for a significant user permit as required by § 93-41B(2) the user shall apply for a significant user permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard.

Permit applications. A significant user required to obtain a significant user permit shall complete and file with the Municipal Authority an application in the form prescribed by the Municipal Authority and accompanied by the required fee. In support of the application, the significant user shall submit, in units and terms appropriate for evaluation, the following information:

Name, address, and location (if different from the address).

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

(c)

Wastewater constituents and characteristics, including but not limited to those mentioned in §§ 93-31 through 93-39 of this article, as determined by a reliable analytical laboratory; sampling and analyses shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR 136, as amended.

(d)

Time and duration of contribution.

(e)

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

(f)

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

(g)

Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.

(h)

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

(i)

If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the significant user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:

[1]

The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing permit for major components, commencing construction, completing construction, etc.).

[2]

No increment referred to in Subsection C(2)(i)[1] shall exceed nine months.

[3]

No later than 14 days following each date in the schedule and the final date for compliance, the significant 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 significant 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.

(j)

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

(k)

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

(l)

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

(m)

Any other information as may be deemed by the Borough to be necessary to evaluate the permit application.

The Municipal Authority will evaluate the data furnished by the significant user and may require additional information. After evaluation and acceptance of the data furnished, the Municipal Authority may issue a significant user permit subject to terms and conditions provided herein.

Permit modifications. Upon the promulgation of a National Categorical Pretreatment Standard, the significant user permit of significant users, subject to such standards, shall be revised to require compliance with such standard within the time frame prescribed by such standard.

Permit conditions. Significant user permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the Municipal Authority. Permit may contain the following:

The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer.

Limits on the average and maximum wastewater constituents and characteristics.

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

Requirements for installation and maintenance of inspection and sampling facilities.

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

Compliance schedules.

(7)

Requirements for submission of technical reports or discharge reports (see § 93-43).

(8)

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

(9)

Requirements for notification of the Municipal Authority of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system.

(10)

Requirements for notification of sludge discharges as per § 93-46.

(11)

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

Duration. 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 significant user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the significant user's existing permit. The terms and conditions of the permit may be subject to modification by the Municipal Authority during the term of the permit, as limitations or requirements, as identified in §§ 93-31 through 93-39 are modified or as other just cause exists. The significant user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

Transfer. Significant user permits are issued to a specific significant user for a specific operation. A significant user permit shall not be reassigned or transferred or sold to a new owner, new significant user, different premises or a new or changed operation without the written approval of the Municipal Authority. Any succeeding owner shall also comply with the terms and conditions of the existing permit.

Reporting requirements in permits.

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 significant 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 or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the significant user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the significant user and certified by a qualified professional.

Periodic compliance reports.

Any significant 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 to the POTW shall submit to the Superintendent during the months of June and December, unless required more frequently in the pretreatment standards 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 flow which, during the reporting period, exceeded the average daily flow allowed in the permit. 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.

The Superintendent may impose mass limitations on significant 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 H(2)(a) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the significant 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 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.

§ 93-42 Monitoring facilities.

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

§ 93-43 Pretreatment.

Users and significant 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 Municipal Authority shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Municipal Authority for review and shall be acceptable to the Municipal Authority 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 Municipal Authority under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be accepted by the Municipal Authority prior to the user's or significant user's initiation of the changes.

The Municipal Authority shall annually publish, in a newspaper of general circulation, a list of the users and significant users which were not in compliance with any pretreatment requirements or standards at least once during the previous 12 months. The notification also shall summarize any enforcement actions taken by the Borough against the users and significant users during the same 12 months [40 CFR 403.8(f)(2)(VII)].

All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or approval authority upon request.

§ 93-44 Confidential information.

Information and data on a user or significant 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 or significant user specifically requests and is able to demonstrate, to the satisfaction of the Borough and/or Municipal Authority, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user or significant 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 governmental agencies for uses related to this article, National Pollutant Discharge Elimination System (NPDES) permits, state disposal permits 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 juridicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

Information accepted by the Borough and/or Municipal Authority as confidential shall not be transmitted to any governmental agency or to the general public by the Borough and/or Municipal Authority until and unless a ten-day notification is given to the user or significant user.

§ 93-45 Notification of violation.

Whenever the Municipal Authority finds that any user or significant user has violated or is violating this article, the permit or significant user permit or any prohibition, requirements contained herein, the Municipal Authority may serve upon such person a written limitation or 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 Municipal Authority by the user or significant user.

§ 93-46 Harmful contributions.

The Municipal Authority may suspend a user permit or a significant user permit when such suspension is necessary in the opinion of the Municipal Authority in order to stop an actual or threatened discharge which presents, or may present, an imminent or substantial endangerment to the health or welfare of persons or to the environment, causes interference to the POTW or causes the Municipal Authority to violate any condition of its NPDES permit.

Any person notified of a suspension of a permit shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the Municipal Authority shall take steps, as deemed necessary, to prevent or minimize damage to the POTW system or endangerment to any individuals. The Municipal Authority shall reinstate the permit upon proof of the elimination of the noncomplying discharge by user or significant user, payment of any damages, fines, penalties or costs associated with the discharge, and the submission of a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence.

§ 93-47 Revocation of permits; appeals.

Any user or significant user is subject to revocation of a permit granted hereunder for violation of applicable state and federal regulations or by reason of the commission of any of the following acts:

Failure to report factually on discharge wastewater constituents and characteristics.

Failure to report significant changes in operations or in wastewater constituents and characteristics.

Refusal to permit reasonable access to the premises for inspection and monitoring.