Borough of Elizabethtown, PA INDUSTRIAL WASTES

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

To prevent the introduction of pollutants which will pass through the sewerage system, inadequately treated, to receiving waters or the atmosphere or which will otherwise be incompatible with the system.

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

To provide for equitable distribution of the cost for operation of the sewerage system.

ALLOWABLE INDUSTRIAL WASTE

To serve as the basis for the Borough pretreatment program.

This Part defines certain terms and provides for the regulation of direct and indirect contributors to the sewerage system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorizes monitoring, testing, inspection and enforcement activities, requires user reporting, assumes that the existing customer's capacity will not be preempted, provides for the setting of fees for the equitable distribution of costs resulting from the program established herein and imposes penalties for user noncompliance.

This Part shall apply to the Borough of Elizabethtown and to all persons who are, by contract or agreement with the Borough, users of the sewerage system. Except as otherwise provided herein, the Borough Manager shall administer, implement, and enforce the provisions of this Part.

Short Title. The short title of this Part shall be the "Borough of Elizabethtown Industrial Waste Ordinance."

§ 402 Definitions.

[Ord. 700, 11/16/1989, § 2]

Scope. The following words, terms and phrases when used in this Part shall have the meaning described in this Section, except where the context clearly indicates a different meaning. Words, terms and phrases are as follows:

ACT or THE ACT

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

Any solid, liquid or gaseous substance, water-borne waste or form of energy ejected or escaping from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources, as distinct from sanitary sewage, which complies with all provisions of this Part and which is allowed to be discharged into the sewer system by the Borough of Elizabethtown, Lancaster County, Pennsylvania.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER

An authorized representative of an industrial user may be:

A principal executive officer of at least the level of vice-president, if the industrial user is a corporation.

A general partner or proprietorship, respectively.

ENVIRONMENTAL PROTECTION AGENCY or EPA

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 (BOD₅)

The quantity of oxygen, expressed in mg/l, utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C. The standard laboratory procedure shall be 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 Elizabethtown, Lancaster County, Pennsylvania, or its authorized deputy, agent or representative.

BOROUGH MANAGER

The person designated by the Borough to supervise the operation of the sewerage system and who is charged with certain duties and responsibilities by this Section or his duly authorized representative.

CATEGORICAL STANDARDS

EPA Categorical Pretreatment Standard or Borough pretreatment standard.

COLOR

Color of an industrial waste is the color of the light transmitted by the waste solution after removing the suspended material, including the pseudocolloidal particles.

COOLING WATER

The water discharged from any use such as air conditioning, cooling or refrigeration, or water 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.

DISSOLVED SOLIDS

The anhydrous residues of the dissolved constituents in water or wastewater.

The U.S. 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.

GARBAGE

Solid waste resulting from the domestic and commercial preparation, cooking and dispensing of food and from handling, storage, and sale of produce.

GRAB SIMPLE

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.

GROUND WATER

That water which is contained in or passing through the ground.

HOLDING TANK WASTE

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

INDIRECT DISCHARGE

The discharge or the introduction of nondomestic pollutants from any source regulated under § 307(b) or (c) of the Act (33 U.S.C. § 1317), into the sewerage system (including holding tank waste discharged into the system).

INDUSTRIAL USER

A source of indirect discharge which does not constitute a "discharge of pollutants" under regulations issued pursuant to Section 402, of the Act (33 U.S.C. § 1342).

INDUSTRIAL WASTE

Solid, liquid or gaseous substances, water borne waste or form of energy discharged or escaping in the course of any industrial, manufacturing, trade, or commercial process or in the course of development, recovering or processing of natural resources, but not sewage.

INDUSTRIAL WASTE DISCHARGE PERMIT

As set forth in § 404 of this Part.

INTERFERENCE

The inhibition or disruption of the sewage treatment plant processes or operations which contributes to a violation of any requirement of the Borough's NPDES permit. The term includes prevention of sewage sludge use or disposal by the Borough in accordance with § 405 of the Act (33 U.S.C. § 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent State criteria (including those contained in any State sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the Borough.

LATERAL SEWER or SERVICE CONNECTION

That part of the sewerage system extending from the sewer main to a point at the inside face of the curb or edge of pavement if no curb.

MANHOLE

A structure leading from the surface of the ground to a sewer, permitting access to the owner.

MG/L

Milligrams per liter.

MUNICIPALITY

Any county, county authority, municipal authority, city, borough, township, or school district.

NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD

Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1347) which applies to a specific category of industrial users.

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT

A permit issued pursuant to § 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 § 307(c) (33 U.S.C. § 1317) categorical pretreatment standard which will be applicable to such source, if such standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard.

OPERATOR

Any person having charge, care, management or control of a tank truck or trucks for use in the removal, transportation and disposal of sewage and industrial wastes.

OWNER

Any person vested with ownership, legal or equitable, sole or partial, of an improved property.

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

The logarithm of the reciprocal of the concentration of hydrogen ions, expressed in gram equivalent per liter of solution, and indicating the degree of acidity or alkalinity of a substance. A stabilized "pH" will be considered as a "pH" which does not change beyond the specified limits when the waste is subjected to aeration. It shall be determined by one of the accepted methods described in the latest edition of "Standard Methods for Examination of Water and Wastewater" published by the American Public Health Association.

POLLUTION

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

POLLUTANT

Any dredged soil, solid waste, incineration 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.

PRETREATMENT or TREATMENT

The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the sewerage facilities. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes or other means, except as prohibited by 40 CFR § 403.6(d).

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirements related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.

PROCESS WATER

Industrial waste resulting from any industrial, manufacturing, trade or commercial process or operation, but not sewage.

QUALIFIED LABORATORY

Any laboratory which is certified by the Environmental Protection Agency to perform drinking water analysis for inorganics and which can document satisfactory participation in the EPA Quality Assurance Program for wastewater testing administered by the Quality Assurance Branch, Environmental Monitoring and Support Laboratory, U.S. EPA.

REFRIGERATION

The preservation of food products, the maintenance of temperature for aid in process work, and the maintenance of storage temperature.

REGULATORY AUTHORITY

The administrator of the EPA until such time as the State's pretreatment program is approved by the EPA.

SANITARY SEWER

A sewer which carries sewage and/or authorized industrial wastes and to which storm, surface, and ground waters are not intentionally admitted.

SEWAGE

The normal water-carried household and toilet waste from any improved property, excluding, however, the effluent from septic tanks or cesspools, rain, storm and ground water, as well as roof or surface water, drainage or percolating or seeping waters, or accumulation thereof, whether underground or in cellars or basements.

SEWER

A pipe or conduit for carrying sewage or authorized industrial waste.

SEWERAGE SYSTEM or SEWERAGE FACILITY

A publicly owned treatment works (POTW) as defined by § 212 of the Act (33 U.S.C. § 1292), which is owned in this instance by the Borough. This definition includes any sanitary sewers that convey wastewater to the sewage treatment plan, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this Part, "sewerage system" shall also include any sewers that convey wastewaters to the sewerage system from persons who are, by contract or agreement with the Borough, users of the Borough's sewerage system.

SEWAGE TREATMENT PLANT

That portion of the sewerage system designed to provide treatment to wastewater. Includes but is not necessarily limited to any arrangement of devices and structures used for treating sewage and authorized industrial waste.

SEWER INSPECTOR

The Borough of Elizabethtown Sewage Treatment Plant Supervisor, his duly authorized assistant or representative.

SHALL

Is mandatory. MAY is permissive.

SIGNIFICANT INDUSTRIAL USER

Any industrial user of the sewerage system who (a) has a discharge flow of 25,000 gallons or more per average day, or (b) has a flow greater than 5% of the flow in the sewerage system, or (c) has in its wastes toxic substances, or (d) is found by the Borough, Pennsylvania Department of Environmental Resources, or the U.S. Environmental Protection Agency to have significant impact, either singly or in combination with other contributing industries, on the sewerage system, the quality of sludge, the system's effluent quality, or air emissions generated by the system.

SLUG

Any discharge of water, sewage or industrial waste in which concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration, or flow, during normal operation.

STANDARD METHODS

An abbreviated expression used to denote "Standard Methods for the Examination of Water and Waste Water," a manual published by the American Health Association specifying official analytical procedures for the measurement of wastewater parameters.

STATE

Commonwealth of Pennsylvania.

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.

SUSPENDED SOLIDS

Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.

TOTAL NITROGEN

When related to wastewater, the sum of the organic nitrogen, ammonia nitrogen, nitrite and nitrate in the wastewater; an essential nutrient.

[Added by Ord. 966, 12/18/2014]

TOTAL PHOSPHORUS

When related to wastewater, the sum of orthophosphates, polyphosphates, and organic phosphates in the wastewater; an essential nutrient.

[Added by Ord. 966, 12/18/2014]

TOTAL SOLIDS

The sum of dissolved and undissolved constituents in water or wastewater.

TOXIC SUBSTANCES

Any substance or combination of substances that: (a) is listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of CWA, § 307(a), or other Acts, or (b) is present in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, to constitute a hazard to humans or animals, to create a public nuisance, or to create any hazard in the sewerage system or in the receiving waters of the sewage treatment plant.

TWENTY-FOUR-HOUR COMPOSITE WASTEWATER SAMPLE

Consists of 24 hourly wastewater samples collected over a twenty-four-hour period. The individual hourly samples shall be proportioned according to the flow rate at the time of the sample or shall be of equal volume. The cumulative sample shall be refrigerated.

UNAUTHORIZED WASTE

Any waste which is not in compliance with the provisions of this Part, or which is discharged into the sewerage system by a person in violation of any provision contained in this Part.

USER

Any person who contributes, causes or permits the contribution of wastewater into the Borough's sewerage system.

WASTEWATER

The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated, which is contributed into or permitted to enter the sewerage system.

WATER-COOLED EQUIPMENT

Any equipment using water as a cooling medium for purposes other than air conditioning or refrigeration.

WATERS OF THE STATE

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

Abbreviations. The following abbreviations shall have the designated meanings:

	BOD₅ — 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 — Standards Industrial Classifications
	SWDA — Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
	TSS — Total Suspended Wastes
	USC — United States Code

§ 403 Regulations.

[Ord. 700, 11/16/1989, § 3; as amended by Ord. 829, 11/15/2001]

Use of Sanitary Sewers and Admission of Industrial Waste.

All sewage and authorized industrial waste may be discharged to the sewerage system except those which are deemed harmful to the system or are specifically prohibited by this Part.

No user shall discharge or cause to be discharged any storm water, surface water, spring water, ground water, roof runoff, subsurface drainage, building foundation drainage, cellar drainage or noncontaminated cooling or process water into the sewerage system.

No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or waste water which will interfere with the operation or performance of the sewage treatment plant. These general prohibitions apply to all such users of the sewerage system whether or not the user is subject to National Categorical Pretreatment Standards or any other National, State or local pretreatment standards or requirements.

No user shall discharge or cause to be discharged any septic waste or septic tank effluent.

Except as otherwise provided in this Part, no user shall discharge or cause to be discharged into the sewerage system any sewage, industrial wastes, or other matter or substance:

Having a temperature at the point of user discharge higher than 150° F., having a temperature at the point of introduction into the sewerage system which exceeds 104° F. or is less than 32° F., or which will inhibit biological activity at the sewage treatment plant.

Containing more than 80 milligrams per liter of oil and grease.

Containing 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 sewerage system or to the operation of the sewage treatment plant. Prohibited materials include, but are not limited to, gasoline, fuel oil, kerosene, naphtha, benzene, toluene, xylene, paint products, ethers, alcohols, ketones, aldehydes, peroxides, acids or bases, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which are a fire hazard or a hazard to the system.

Containing unground garbage with particles greater than 1/2 inch in any dimension.

Containing solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the sewage treatment plant such as, but not limited to: ashes, cinders, spent lime, stone dust, sand, mud, straw, shavings, metals, glass, rags, grass clippings, feathers, tar, plastics, wood, whole blood, paunch manure, bentonite, lye, building materials, rubber, asphalt residues, hair, bones, leather, porcelain, china, ceramic wastes, polishing wastes, glass grinding or other solid or viscous substances capable of causing obstruction or other interference with the operation of the sewerage system.

(6)

Having a pH, stabilized, lower than 6.5 or higher than 8.5 or having any other corrosive or scale forming property capable of causing damage or hazard to structures, equipment, bacterial action or personnel of the sewerage system or the sewage treatment plant.

(7)

Containing toxic or poisonous pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals or create a toxic effect in the receiving waters of the sewage treatment plant, 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 § 307(a) of the Act.

(8)

Containing a BOD₅ or suspended solids concentration greater than 250 mg/l or a total nitrogen concentration greater than 40 mg/l, a total phosphorus concentration greater than 10 mg/l or an oil and grease (OG) concentration greater than 80 mg/l or of such a character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant. Discharges of BOD₅ or suspended solids in excess of 250 mg/l or total nitrogen in excess of 40 mg/l or total phosphorus in excess of 10 mg/l shall be subject to surcharge as provided for in § 407 of this part. Discharges of BOD₅ or suspended solids in excess of 2,000 mg/l shall be subject to a penalty surcharge as provided for in § 407.

[Amended by Ord. 966, 12/18/2014]

(9)

Containing 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.

(10)

Containing dye from any source that will not have an effluent the equivalent of that produced by chemical coagulation and chlorination to remove suspended or colloidal matter and bleach the dissolved dyes.

(11)

Containing radioactive substances or isotopes of such half life or concentration as may exceed limits in compliance with applicable State or Federal regulations.

(12)

Having a chlorine demand of such quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.

(13)

Prohibited by any permit issued by the Commonwealth of Pennsylvania or the Environmental Protection Agency.

(14)

Containing any substance which will cause the sewage treatment plant to violate its NPDES permit or the receiving water quality standards.

(15)

Containing any substance which may cause the sewage treatment plant's effluent or any other product of the sewage treatment plant 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 sewerage system cause the sewage treatment plant to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under § 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 Substances Control Act, or State criteria applicable to the sludge management method being used.

(16)

Containing wastes which are not amenable to biological treatment or reduction in existing treatment facilities, specifically nonbiodegradable complex carbon compounds.

(17)

Containing any organic compounds of endrin, lindane, methoxychlor, toxaphene, dichlorophenoxyacetic acid or trichlorophenoxypropionic acid.

(18)

Causing a hazard to human life or public nuisance.

(19)

Containing total dissolved solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.

(20)

Containing pollutants, including oxygen demanding pollutants (BOD₅, etc.) released at a flow rate and/or pollutant concentration which will inhibit or cause interference to the process or operation of the sewage treatment plant.

(21)

Containing industrial waste slugs having an average daily flow greater than 15% of the average daily sewage flow at the sewage treatment plant.

(22)

Containing any hazardous waste or substance as defined by EPA's Resource Conservation and Recovery Act (RCRA) or Chapter 75 of the Pennsylvania Department of Environmental Protection Regulations.

(23)

Containing concentration of anions, cations, and other various objectionable substances in excess of the following limits, measured in a representative sample collected at the point of discharge to the sewerage system.

	Substance	Allowable Concentration mg/l
	Arsenic	0.1
	Barium	5.0
	Cadmium	0.05
	Chromium (hexavalent)	0.10
	Chromium (total)	1.0
	Copper	1.0
	Cyanides	0.5
	Lead	0.2
	Mercury	0.01
	Nickel	0.2
	Phenolics	0.1
	Selenium	0.05
	Silver	0.20
	Zinc	2.0

Provided, however, that deviations from the above schedule may be authorized by the Borough in its sole discretion, upon an affirmative showing, by the person requesting the same, that such deviation will not be harmful to the sewerage system or the sewage treatment plant or cause the plant effluent to violate its current NPDES discharge limitations. For the purpose of this Part, an allowable deviation may be granted by the Borough up to the following maximum concentrations provided that the corresponding total loading for each objectionable substance does not exceed the maximum loading specified.

Substances	Maximum Concentration mg/l	Maximum Loading lbs./day
Arsenic	1.0	0.01
Barium	50.0	0.5
Cadmium	0.5	0.005
Chromium (hexavalent)	1.0	0.01
Chromium (total)	10.0	0.1
Copper	10.0	0.1
Cyanides	5.0	0.05
Lead	2.0	0.02
Mercury	0.1	0.001
Nickel	2.0	0.02
Phenolics	1.0	0.01
Selenium	0.5	0.005
Silver	2.0	0.02
Zinc	20.0	0.2

If such amounts of any waters or wastes are discharged, or are proposed to be discharged to the sewerage system, which waters contain the substances or possess the characteristics enumerated in this Section or which in the judgment of the Borough may have a deleterious effect upon the sewerage system or the sewage treatment plant, the Borough may, upon giving official notice to the discharger:

Reject the waste.

Require pretreatment to reduce characteristics to maximum limits permitted by this Part, or any other applicable rules or law.

Require control over the quantities and rates of discharge.

Require immediate discontinuance of the waste discharge until such time as it meets the requirements of this Section.

Nothing contained in this Part shall be construed as prohibiting any special agreement or arrangement between the Borough and any person whereby industrial wastes of unusual strength or character may be admitted into the sewerage system, either before or after pretreatment.

Federal Categorical Pretreatment Standards. 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 Part for sources in that subcategory, shall immediately supersede the limitations imposed under this Part. The Borough shall notify all affected users of the applicable reporting requirements under 40 CFR § 403.12.

Modification of Federal Categorical Pretreatment Standards. Where the Borough's sewage treatment plant achieves consistent removal of pollutants limited by Federal pretreatment standards, the Borough may apply to the regulatory authority for modification of specific limits in the Federal pretreatment standards. "Consistent removal" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the sewage treatment plant to a less toxic or harmless state in the effluent which is achieved by the system for 95% of the samples taken when measured according to the procedures set forth in § 403.7(c)(2) of (Title 40 of the Code of Federal Regulations, Part 403) — "General Pretreatment Regulations for Existing and New Sources of Pollution," promulgated pursuant to the Act. The Borough may then modify pollutant discharge limits in the Federal pretreatment standards if the requirements contained in 40 CFR, Part 403, § 403.7, are fulfilled and prior approval from the regulatory authority is obtained.

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 Part.

Borough's Right to Revision. The Borough reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the sewerage system if deemed necessary to comply with the objectives presented in § 401(1) of this Part.

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

Accidental Discharges.

Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by the Borough. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Borough for review, and shall be approved by the Borough before construction of the facility.

No user who commences contribution to the sewerage system after the effective date of this Part shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the Borough. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this Part. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone notify the Borough of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.

Written Notice. Within five days following an accidental discharge, the user shall submit to the Borough a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the sewerage system, fish kills, or any other damage to person or property, nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this Section or other applicable law.

Notice to Employees. A notice shall be permanently posted on the user's bulletin board or prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer a dangerous discharge to occur are advised of the emergency notification procedure.

10.

Drainage of Swimming Pools. Filter backwash lines shall be discharged to the sewerage system as follows:

Sand filter backwash may be discharged directly to the sewerage system.

Diatomaceous earth filter backwash shall be connected to the sewerage system through settling tanks with a minimum of three months storage capacity for spent diatomaceous earth. The tanks shall be readily accessible for removing solid waste for disposal.

11.

Disposal of Tank Truck Waste. Tank truck waste shall not be discharged to the sewerage system except in the event of an emergency at the sole discretion of the Borough. The waste shall not contain industrial waste, chemicals, or other matter, with or without pretreatment, that does not conform to the requirements of § 403(1) of this Part. Tank truck waste shall be discharged to the same system at the location and at the time or times designated and at the rate of discharge fixed by the Borough.

12.

Interceptors. Grease, oil and sand interceptors or traps shall be provided when required by the Borough, for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients. All interceptors shall be of a type and capacity approved by the Borough and shall be located as to be readily and easily accessible for cleaning and inspection.

13.

Garbage Grinders. The use of mechanical garbage grinders producing a finely divided mass, properly flushed with an ample amount of water, shall be permitted. However, no such mechanical garbage grinder to serve premises used for commercial purposes shall be installed until permission for such installation is obtained from the Borough.

14.

Pretreatment Requirements.

User shall design, construct, operate and maintain wastewater pretreatment facilities whenever necessary to reduce or modify the user's wastewater to achieve compliance with this Part. The review or approval of pretreatment facility plans, specifications and operating procedures by the Borough or its consulting engineer shall not excuse or mitigate any violations by the user of this Part or any Federal, State or local requirements.

The construction of required pretreatment facilities shall be accomplished in accordance with a reasonable completion schedule prepared by the user and approved by the Borough. If, in the opinion of the Borough, the schedule prepared by the user is not reasonable, a completion schedule shall be established by the Borough.

When required by the Borough to provide pretreatment facilities, no construction of such facilities shall commence until:

Construction drawings, specifications, completion schedule and other pertinent information relating to the proposed facilities are submitted to the Borough.

The Borough provides written approval for the construction of the proposed facilities.

When approved by the Borough and placed in operation, pretreatment facilities shall be continuously maintained in satisfactory and effective operation by the user, at his own expense. The Borough shall have the right to inspect said facilities at any reasonable time to insure such are being properly maintained and operated in accordance with the requirements of the Borough.

15.

Flow Equalization. The Borough reserves the right to require users having large variations in the rate of waste discharge to install suitable regulating devices for equalizing flows to the sewerage system. This requirement shall apply specifically to users with a discharge containing industrial waste slugs having an average daily flow greater than 15% of the average daily sewage flow at the sewage treatment plant.

§ 404 Administration.

[Ord. 700, 11/16/1989, § 4; as amended by Ord. 829, 11/15/2001]

Industrial Waste Discharge Permit.

General. All industrial users connected or proposing to connect to the sewerage system shall obtain an industrial waste discharge permit.

Permit Application. Users required to obtain an industrial waste permit shall complete and file with the Borough an application in the form prescribed, and accompanied by a fee as detailed in § 405(2). Existing users shall apply for an industrial waste discharge permit within 60 days after the effective date of this Part. New users shall apply at least 90 days prior to the anticipated date for connecting to the sewerage system. In support of the application the user shall submit the following information:

Name and address of user and location of discharge.

Wastewater characteristics including, but not limited to, those listed in § 403(1) of this Part. Sampling and analysis shall be performed in accordance with "Standard Methods for the Examination of Water and Wastewater," latest edition, and shall be performed by a qualified laboratory.

Time and duration of industrial waste discharge.

Average daily and peak flow rates (including daily, monthly and seasonal variations, if appropriate).

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

(6)

Description of process producing industrial waste.

(7)

Description of product and approximate rate of production.

(8)

Description of raw materials processed.

(9)

Number of employees, hours of plant operation, and projected hours of operation of pretreatment system (if applicable).

(10)

Additional information required by the Borough as necessary to evaluate the permit application.

Permit Conditions. Industrial waste discharge permits shall be expressly subject to all provisions of this Part and all other applicable regulations, user charges and fees established by the Borough. Permits shall include any or all of the following:

The unit charge or schedule of user charges for the wastewater to be discharged to the sewerage system.

Limits on the average and maximum wastewater characteristics.

Limits on average and maximum rate and time of discharge or requirements for flow regulation 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 and standards for tests and reporting schedule.

(6)

Compliance schedules.

(7)

Requirements for submission of discharge reports.

(8)

Requirements for maintaining operating records relating to wastewater discharge and affording Borough access thereto.

(9)

Other conditions as deemed appropriate by the Borough to ensure compliance with this Part.

Procedures. The procedure to be followed by the Borough in acting on industrial waste discharge permit applications shall be as follows. Within 30 days of receipt of the application, the Borough shall notify the applicant in writing:

That the wastewater proposed to be discharged is acceptable and a permit will be issued by the Borough.

That the wastewater proposed to be discharged is unacceptable.

That the wastewater proposed to be discharged will be acceptable provided certain action is taken and maintained by the applicant, specifying the terms and conditions thereof.

That the Borough requires further information, studies or tests, specifying the requirements thereof, before it can determine whether the proposed discharge is or is not acceptable.

Permit Duration. A permit shall be issued for a specified time period, not to exceed five years or it may be issued to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of an existing permit. The terms and conditions of the permit shall be subject to modification by the Borough during the term of the permit as limitations or requirements are modified or other just cause exists. The 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.

Permit Transfer. Industrial waste discharge permits are issued to a specific user for a specific operation. A permit may not be reassigned, transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the Borough.

Waste Characteristic Change. Any owner of any improved property who is discharging industrial waste into the sewerage system and who contemplates a change in the method of operation or in the pretreatment facilities which will alter the type of industrial waste then being discharged into the sewerage system shall apply for a new industrial waste discharge permit at least 30 days prior to such change. The revised industrial waste discharge permit will be subject to a fee as established from time to time by resolution of Borough Council. Approval or disapproval of a modified permit shall be regulated by the procedures established hereunder for the issuance of an original permit.

Separation of Wastes. In the case of complete separation of domestic sewage from industrial wastes within an industrial establishment, with the domestic wastes only discharged to the sanitary sewer, no discharge permit fee shall be imposed on that portion of the wastes going to the sanitary sewer.

Reporting Requirements for Permittee.

Each industrial waste permittee shall submit to the Borough 10 days prior to the first day of March, June, September and December, an industrial waste contribution report. The report shall be on a form provided by the Borough and shall indicate the nature and concentration of pollutants in the industrial waste effluent. The waste characteristics shall be based on the results of analysis of the waste performed by a qualified laboratory. Upon specific approval of the Borough the permittee may elect to employ in-house facilities for the analysis of certain parameters being monitored. However, at least once per year, a split sample shall be analyzed for all parameters being monitored in-house by both the in-house laboratory and a qualified laboratory. The results of both laboratories shall then be submitted to the Borough for review. The Borough reserves the right to waive approval for the use of in-house facilities at any time.

The report shall also include the average daily flow for the reporting period. At the discretion of the Borough and in consideration of such factors as production schedules, budget cycles, etc., the Borough may agree to alter the months during which the above reports are to be submitted.

Sampling, Flow Measurement, Testing and Inspection.

Any user whose property is serviced by a sewer carrying industrial waste shall install at his expense a suitable control manhole together with such necessary meters and other appurtenances in the sewer to provide for inspection, sampling and measurement of the waste. The control manhole should normally be situated on the user's premises, but the Borough may, when such a location would be impractical or cause undue hardship on the user, allow the faculty to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

There shall be ample room in or near the control manhole to allow sampling and preparation of samples for analysis. The control manhole, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. Construction of the control manhole shall be completed within 90 days following notification by the Borough.

Users discharging industrial waste to the sewerage system shall provide the Borough and its representatives the opportunity of access at any time, upon reasonable notice, to any improved property served by the sewerage system as shall be required for purposes of inspection, measurement, sampling, testing and records examination to ascertain whether the purpose of this Part is being met and all requirements are being complied with, and for performance of other functions relating to service rendered by the Borough. The Borough shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations.

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.

All measurements, tests, and analysis of the characteristics of waters and wastes to which reference is made in this Part 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.

A twenty-four-hour flow proportional composite sample shall be considered the standard for all sampling performed in accordance with the Part. However, other appropriate sampling procedures may be acceptable at the discretion of the Borough.

The costs of all sampling, testing, inspection and other monitoring activities incurred by the Borough while enforcing the provisions of this Part shall be reimbursable from the respective user.

§ 405 Fees.

[Ord. 700, 11/16/1989, § 5]

Purpose. It is the purpose of this Section to provide for the recovery of costs from users of the Borough's sewerage system for the implementation of the program established herein. The applicable charges or fees shall be set forth in the Borough's Schedule of Charges and Fees.

Charges and Fees. The Borough may from time to time collect charges and fees to include:

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

Fees for monitoring, inspections and surveillance procedures.

Fees for reviewing accidental discharge procedures and construction.

Fees for permit and modified permit applications.

Fees for filing appeals.

Fees for consistent removal (by the Borough) of pollutants otherwise subject to Federal pretreatment standards.

Other fees as the Borough may deem necessary to carry out the requirements contained herein.

These fees relate solely to the matters covered by this Part and are separate from all other fees chargeable by the Borough.

§ 406 Enforcement.

[Ord. 700, 11/16/1989, § 6]

Harmful Contributions.

The Borough may suspend wastewater treatment service and/or an industrial waste discharge permit when such suspension is necessary, in the opinion of the Borough, in order to stop an actual or threatened discharge which presents an imminent or substantial endangerment to the health or welfare of persons or the environment, causes interference to the sewerage system or causes the Borough to violate any condition of its NPDES permit.

Any person notified of a suspension of wastewater treatment service and/or an industrial waste discharge 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 Borough shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the sewerage system or endangerment to any individuals. The Borough shall reinstate the industrial waste discharge permit and/or wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful discharge and measures taken to prevent any future occurrence shall be submitted to the Borough within five days following the date of occurrence.

Revocation of Permit.

Any user who violates the following conditions is subject to having his permit revoked in accordance with the procedures of this Section of this Part:

Failure of a user to factually report the wastewater constituents and characteristics of his discharge.

Failure of the user to report significant changes in operations, or wastewater constituents and characteristics.

Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring.