Borough of Hamburg, PA REQUIREMENTS FOR DIRECT AND INDIRECT CONTRIBUTORS INTO THE WASTEWATER COLLECTION AND TREATMENT SYSTEM

If the user is a corporation:

The president, secretary, treasurer or a vice president of the corporation in charge of a principal business function or any other person who performs similar policy or decision making functions for the corporation.

The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

If the user is a Federal, State or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility or his/her designee.

BIOCHEMICAL OXYGEN DEMAND (BOD)

The individuals described in subsections (1) thorough (3), above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company and the written authorization is submitted to the Borough.

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20° C, usually expressed as a concentration (milligrams per liter (mg/l)).

BOROUGH

The Borough of Hamburg or the Borough Council of Harrisburg.

BOROUGH MANAGER

The person employed by the Borough, as defined in the Borough Code of Ordinances. The Borough Engineer or POTW operator shall act in this capacity in physical absence of the Borough Manager.

BUILDING SEWER

The extension of pipe of four inches or five inches in diameter from the user's building to the system's lateral at the right-of-way line.

CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD

Any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with §§ 307(b)(c) of the Act (33 U.S.C. § 1317) which apply to a specific category of users and which appear in 40 CFR, Chapter 1, Subchapter N, Parts 405-471.

CHLORINE DEMAND

The quantity of chlorine absorbed in water, sewage or other liquids allowing a residual 0.1 ppm after 15 minutes of contact.

COLOR

The optical density at the visual wave length of maximum absorption relative to distilled water. One hundred percent transmittance is equivalent to zero optical density.

COMMERCIAL CONNECTION

A user who discharges domestic wastewater and wastewater generated from preparation or supplying commodities and services such as restaurants, carwashes, gasoline stations and laundromats.

COMPOSITE SAMPLE

The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.

CONTROL AUTHORITY

The "approval authority" defined hereinabove or the Borough of Hamburg when it has an approved pretreatment program under the provisions of 40 CFR, § 403.11.

COOLING WATER

The water discharged from any system of condensation such as air conditioning, cooling or refrigeration.

DIRECT DISCHARGE

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

DISSOLVED SOLIDS

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

DOMESTIC WASTE

The normal water carrying household and toilet wastes from residences, business buildings, institutions and industrial establishments.

DWELLING UNIT

Any room, group of rooms, house trailer or other enclosure occupied or intended for occupancy as a separate business or as separate living quarters by a family or other group of persons living together or by a person living alone.

ENVIRONMENTAL PROTECTION AGENCY (EPA)

The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director or other duly authorized official of said agency.

EQUIVALENT DWELLING UNIT

The quantity of flow which is equivalent to the average amount of water consumed by a single residential unit. The number of equivalent dwellings units (EDU's) assigned to a residential dwelling unit regardless of water consumption is 1. The number of EDU's assigned to an industrial or other nonresidential user is calculated on a quarterly basis by dividing the total quarterly water consumption (or sewage flow) of the industrial or other nonresidential user by the average quarterly water consumption of a residential unit during the previous year. The minimum number of EDU's assigned to any user shall be 1.

EXISTING SOURCE

Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with § 307 of the Act.

GARBAGE

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

GRAB SAMPLE

A sample which is taken from a wastestream on a one time basis without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.

GROUND GARBAGE

Garbage that has been shredded to such a degree that all its particles shall be carried freely under normal sewage flow conditions with no particle greater than 1/2 inch in any dimension.

GROUNDWATER

Water which is standing 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.

IMPROVED PROPERTY

Any property within the service area upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage and/or industrial wastes shall be or may be discharged.

INDIRECT DISCHARGE OR DISCHARGE

The introduction of pollutants into the POTW from any nondomestic source regulated under § 307(b), (c) or (d) of the Act.

INDUSTRIAL ESTABLISHMENT

Any improved property used, in whole or in part, for manufacturing, processing, cleaning, laundering or assembling any product, commodity or article or from which any process waste, as distinct from domestic waste, shall be discharged.

INDUSTRIAL USER

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

INDUSTRIAL WASTE PERMIT

A permit to deposit or discharge liquid industrial wastes into the POTW.

INDUSTRIAL WASTE SURCHARGE

A charge levied on industrial users of the treatment works of the POTW for the additional cost of treating abnormal strength wastes.

INFILTRATION

The water entering a sewer system and service connections from the ground through such means as, but not limited to, defective pipes, pipe joints, connections and/or manhole walls. Infiltration does not include and is not distinguished from inflow.

INFILTRATION/INFLOW

The total quantity of water from both infiltration and inflow without distinguishing the source. Also known as extraneous flow.

INFLOW

The water discarded into a sewer system and service connections from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers and combined sewers, catch basins, storm waters, surface runoff, street wash waters or drainage. Inflow does not include and is distinguished from filtration.

INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT

The maximum concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

INTERFERENCE

A discharge which alone or in conjunction with a discharge or discharges from other sources inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal and therefore is a cause of a violation of the Borough's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder (or more stringent State or local regulations): § 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA), including Title II, commonly referred to as the Resource Conservation and Recovery Act (RCRC); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act; the Toxic Substances Control Act and the Marine Protection, Research and Sanctuaries Act.

LATERAL

The part of the Borough's sewer system extending from a sewer line to the curb line or, if there shall be no curb line, to the property line or right-of-way. If no such laterals shall be provided, then lateral shall bean that portion of a sewer which is provided for connection of any building sewer.

MANHOLE

A shaft or chamber leading from the surface of the ground to a sewer large enough to enable a person to gain access to the latter.

MAY

Permissive. "Shall" is mandatory.

MEDICAL WASTE

Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.

MG/L

Milligrams per unit. Equivalent to parts per million (ppm) by weight.

MULTIPLE DWELLING

Any improved property in which shall be located more than one dwelling unit.

NATIONAL CATEGORICAL 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 POLLUTANT DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT

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

NATIONAL PROHIBITIVE DISCHARGE STANDARD

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

NEW SOURCE

Any building, structure, facility or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under § 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that Section; provided, that:

The building, structure, facility or installation is constructed at a site at which no other source is located.

The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source.

The production of wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent factors such as the extent to which the new facility is integrated with the existing plant and the extent to which the new facility is engaged in the same general activity as the existing source should be considered.

Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsection (1)(b) or (c) above but otherwise alters, replaces or adds to existing process or production equipment.

Construction of a new source as defined under this subsection has commenced if the owner or operator has:

Begun or caused to begin as part of a continuous onsite construction program:

[1]

Any placement, assembly or installation of facilities or equipment.

[2]

Significant site preparation work, including clearing, excavation or removal of existing buildings, structures or facilities, which is necessary for the placement, assembly or installation of new source facilities or equipment.

PRETREATMENT REQUIREMENTS

Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this Subsection.

NONCONTACT COOLING WATER

Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product.

NORMAL STRENGTH WASTE

Domestic sewage which when analyzed or caused to be analyzed by the Borough shows a daily average of not more than 300 mg/l of total suspended solids, 250 mg/l of BOD₅, 300 mg/l of dissolved solids and/or 6.6 mg/l of phosphorus.

OBJECTIONABLE WASTE

Any wastes that can, in the Borough's judgment, harm either the sewers or sewage treatment process or equipment or, in the judgment of any municipality where the wastes are being carried, can have an adverse effect upon its system; can have an adverse effect upon the receiving stream; can otherwise endanger life, health or property or which constitutes a public nuisance

OWNER

Any person vested with ownership, legal or equitable, sole or partial, of any property located in the POTW service area.

PASS THROUGH

A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the Borough's NPDES permit (including an increase in the magnitude or duration of a violation).

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. This definition includes all Federal, State and local governmental entities.

The negative logarithm of the effective hydrogen ion concentration or hydrogen ion activity in gram equivalent per liter used in expressing both acidity and alkalinity on a scale whose values run from zero to 14 with seven representing neutrality, numbers less than seven increasing acidity and numbers greater than seven increasing alkalinity.

POLLUTANT

Dredged spoil, solid waste, incinerator residue, filter backwash sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes and certain characteristics of wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand (COD), toxicity or odor).

POLLUTION

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

PRETREATMENT

The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater prior to (or in lieu of) introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical or biological processes, by process changes or by other means (except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard).

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

PRETREATMENT STANDARDS OR STANDARDS

Prohibited discharge standards, categorical pretreatment standards and local limits.

PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES

Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 18-102(1) of this Part.

PUBLICLY OWNED TREATMENT WORKS (POTW)

A "treatment works" as defined by § 212 of the Act (33 U.S.C. § 1292) which is owned by the Borough. This definition includes any devices or systems used in the collection, storage, treatment recycling and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant. The term also means the Borough.

RECEIVING STREAM

The Schuylkill River.

SANITARY SEWER

Any pipe or conduit constituting a part of the sewer system or usable for sewage collection purposes.

SEPTIC TANK WASTE

Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.

SEWAGE

Human excrement and gray water (household showers, dishwashing operations, etc.).

SHALL

Mandatory. "May" is permissive.

SIGNIFICANT INDUSTRIAL USER

A user subject to categorical pretreatment standards.

A user that:

Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater).

Contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant.

Is designated by such by the Borough on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE

Upon a finding that a user meeting the criteria in subsection (2) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement the Borough may, at any time, on its own initiative or in response to a petition receiver from a user (and in accordance with procedures in 40 CFR 403.8(f)(6)) determine that such user should not be considered a significant industrial user.

SLUG LOAD

Any discharge of a nonroutine, episodic nature or at a flow rate or concentration which would cause a violation of the prohibited discharge standards on § 18-102(1) of this Part or any discharge at a flow rate or containing concentrations or quantities of pollutants that exceed for any period longer than 15 minutes more than five times during the average twenty-four-hour concentration, quantities or flow during normal operations.

A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.

STATE

The Commonwealth of Pennsylvania.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting from such precipitation, including snowmelt.

SUPERINTENDENT

The person designated by the Borough to supervise the operation of the POTW and who is charged with certain duties and responsibilities by this Part or a duly authorized representative.

SURFACE WATER

That portion of precipitation which runs off over the surface of the ground.

SUSPENDED SOLIDS

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

TOTAL SOLIDS

Solids that either float on the surface of or are in suspension or dissolved in water, sewage or other liquids and which are determined by appropriate procedures found in the latest edition of "Standard Methods for the Examination of Water and Sewage" published by the American Public Health Association."

TOXIC POLLUTANT

One of 126 pollutants or combination of those pollutants listed as toxic in regulations promulgated by the EPA under § 307 (33 U.S.C. § 1317) of the Act.

TOXIC SUBSTANCE

Any noxious and/or deleterious substance 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 any sewer system or in the receiving stream of the sewage treatment plant.

TREATMENT PLANT EFFLUENT

The discharge from the POTW into waters of the United States.

USER OR INDUSTRIAL USER

A source of indirect discharge.

WASTE TREATMENT OFFICER

The Borough Manager of the wastewater treatment system who is responsible for the operation and maintenance of the sewer system and the administration and control of industrial waste management.

WASTEWATER

Liquid and water-carried industrial waste and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities and institutions, whether treater or untreated, which are contributed to the POTW.

WASTEWATER TREATMENT PLANT OR TREATMENT PLANT

That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

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.

The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use.

ABBREVIATIONS

The following abbreviations have the designated meanings:

BOD	—	Biochemical oxygen demand
CFR	—	Code of Federal Regulations
COD	—	Chemical oxygen demand
EPA	—	U.S. Environmental Protection Agency
gpd	—	Gallons per day
l	—	Liter
mg	—	Milligrams
mg/l	—	Milligrams per liter
NPDES	—	National Pollutant Discharge Elimination System
O&M	—	Operation and maintenance
POTW	—	Publicly owned treatment works
RCRA	—	Resource Conservation and Recovery Act
SIC	—	Standard Industrial Classification
SWDA	—	Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)
TSS	—	Total suspended solids
USC	—	United States Code

§ 18-102 General Sewer Use Requirements.

[Ord. 639, 12/5/1994, § 2]

Prohibited Discharge Standards.

General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other National, State or local pretreatment standards or requirements.

Specific Prohibitions. No users shall introduce or cause to be introduced into the POTW the following pollutants, substances or wastewater:

Pollutants which create a fire or explosive hazard in the POTW including, but not limited to, wastestreams with a closed cup flashpoint of less than 140° F. (60° C.) using the test methods specified in 40 CFR § 361.21.

Wastewater having a pH less than 6.0 or more than 9.0 or otherwise causing corrosive structural damage to the POTW or equipment.

Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference but in no case solids greater than two inches in any dimension.

Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW.

Wastewater having a temperature greater than 1° F. (40° C.).

Petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin in amounts that will cause interference or pass through.

Pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems.

Trucked or hauled pollutants except at discharge points designated by the Borough Manager in accordance with § 18-103(4).

(9)

Noxious or malodorous liquids, solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life or to prevent entry into the sewers for maintenance or repair.

(10)

Wastewater which imparts color which cannot be removed by the treatment process such as, but not limited to, dye wastes and vegetable tanning solutions which consequently imparts color to the treatment plant's effluent thereby violating the Borough's NPDES permit. Color (in combination with turbidity) shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than 10% from the reasonably established norm for aquatic life.

(11)

Wastewater containing any radioactive wastes or isotopes except as specifically approved by the Borough Manager in compliance with applicable State or Federal regulations.

(12)

Stormwater, surface water groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water and unpolluted wastewater unless specifically authorized by the Superintendent.

(13)

Sludges, screenings or other residues from the pretreatment of industrial wastes.

(14)

Medical wastes except as specifically authorized by the Borough Manager in a wastewater discharge permit.

(15)

Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test.

(16)

Detergents, surface active agents or other substances which may cause excessive foaming in the POTW.

(17)

Fats, oils or greases of animal or vegetable origin in concentrations greater than 100 mg/l.

Pollutants, substances or wastewater prohibited by this Section shall not be processed or stored in such a manner that they could be discharged in the POTW.

Federal Categorical Pretreatment Standards. The National categorical pretreatment standards found at 40 CFR, Chapter 1, Subchapter N, Parts 405-471, are hereby incorporated.

State Pretreatment Standards. No State pretreatment standards exist so, in their place, categorical pretreatment standards are hereby incorporated.

Local Limits.

The following pollutant limits are established to protect against pass through and interference. No person shall discharge wastewater containing in excess of the following instantaneous maximum allowable discharge limits:

0.03 mg/l cadmium.

0.76 mg/l chromium.

0.61 mg/l copper.

0.58 mg/l cyanide.

0.70 mg/l lead.

0.01 mg/l mercury.

0.38 mg/l nickel.

100 mg/l oil and grease (petroleum or mineral oil products).

(9)

1.64 mg/l silver.

(10)

0.46 mg/l zinc.

The above limits apply at the point where the wastewater is discharged to the POTW (end of the pipe). All concentrations for metallic substances are for "total" metal unless indicated otherwise. The Borough Manager may impose mass limitations in addition to or in place of the concentration based limitations above.

Borough's Right of Revision. The Borough reserves the right to establish by ordinance or in wastewater discharge permits more stringent standards or requirements on discharges to the POTW.

Special Agreement. The Borough reserves the right to enter into special agreements with users setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a pretreatment standard or requirement. However, a user may request a net gross adjustment to a categorical standard in accordance with 40 CFR § 403.15. A user also may request a variance from the categorical pretreatment standard from the approval authority. Such a request will be approved only if the user can prove that factors relating to its discharge are fundamentally different from the factors considered by EPA when establishing that categorical pretreatment standard. A user requesting a fundamentally different factor variance must comply with the procedural and substantive provisions in 40 CFR § 403.13.

Dilution. 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 a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Borough Manager may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations is appropriate.

§ 18-103 Pretreatment of Wastewater.

[Ord. 639, 12/5/1994, § 3]

Pretreatment Facilities. Users shall provide wastewater treatment as necessary to comply with this Part and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in § 18-102(1) of this Part within the time limitations specified by the EPA, the State or the Superintendent, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Borough Manager for review and shall be acceptable to the Borough Manager before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce an acceptable discharge to the Borough under the provisions of this Part.

Additional Pretreatment Measures. The Borough may provide legal authority to do the following:

Whenever deemed necessary, the Borough Manager may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this Part.

Each person discharging into the POTW greater than 25,000 gallons per day or greater than 5% of the average daily flow in the POTW, whichever is less, shall install and maintain, on his property and at his expense, a suitable storage and flow control facility to ensure equalization of flow over a twenty-four-hour period. The facility shall have a capacity as determined by the Borough and shall be equipped with alarms and a rate of discharge controller, the regulation of which shall be directed by the Superintendent. A wastewater discharge permit may be issued solely for flow equalization.

Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil or sand except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the Borough Manager and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned and repaired regularly, as needed, by the user at his expense.

Accidental Discharge/Slug Control Plans. At least once every two years the Borough Manager shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The Borough Manager may require any user to develop, submit for approval and implement such a plan. Alternatively, the Borough Manager may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following:

Description of discharge practices, including nonroutine batch discharges.

Description of stored chemicals.

Procedures for immediately notifying the POTW of any accidental or sludge discharge as required by § 18-107(6) of this Part.

Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents) and/or measures and equipment for emergency response.

Hauled Wastewater.

Septic tank waste and hauled industrial waste may be introduced into the POTW only at a designated receiving structure within the treatment plant area and at such times as are established by the Superintendent. Such wastes shall not violate § 18-102 of this Part or any other requirements established or adopted by the Borough. Wastewater discharge permit for individual vehicles to use such facilities shall be issued by the Superintendent.

The Borough Manager may issue wastewater discharge permits to original sources of hauled industrial waste. The Borough Manager shall also have authority to prohibit the disposal of hauled industrial waste.

Waste haulers may only discharge loads at locations specifically designated by the Superintendent. No load may be discharged without prior consent of the Superintendent. The Borough Manager may collect samples of each hauled load to ensure compliance with applicable standards. The Borough Manager may require the hauler to provide a waste analysis of any load prior to discharge.

Waste haulers must provide a wastetracking form for every load. This form shall include, at a minimum, the name and address of the waste hauler, permit number, truck identification, names and addresses of sources of waste and volume and characteristics of waste. In addition, for hauled industrial waste, the form shall identify the type of industry, known or suspected waste constituents and whether any wastes are RCRA hazardous wastes.

Fees for dumping hauled wastes will be established as part of the user fee system as authorized in § 18-116 of this Part.

§ 18-104 Fees and Charges.

[Ord. 639, 12/5/1994, § 4]

Times and Methods of Payment. Strength of wastes surcharges shall be due and be paid quarterly and quarterly billings for strength of wastes surcharges shall be made by bills dated during January, April, July and October of each year for the quarterly calendar period immediately preceding the date of the bill. The bills for strength of wastes surcharges for the first quarter during which a property discharges industrial wastes into the sewer system shall be prorated on the basis of the quarterly rate. All bills shall be due and payable on their respective dates. The Borough may include strength of wastes surcharges on the quarterly sewer rental bills made in accordance with Ord. 553 [Part 2] and need not, in such cases, make separate bills for strength of wastes surcharges.

Connection Fee. There is hereby imposed a connection fee as determined by Act 203 of 1990 amending the Municipalities Authorities Act of 1945 and adopted, from time to time, by Borough ordinance for each connection to be made to the sewer system at the curb or property line.

Extraordinary Maintenance Charge. Any person discharging any waste which, in the judgment of the Borough, causes any extraordinary maintenance expenses shall be billed by the Borough in the amount of said expenses. The billing amount shall be determined by the Borough and shall include charges for labor of Borough personnel and other costs incurred by the Borough.

§ 18-105 Wastewater Discharge Permit Application.

[Ord. 639, 12/5/1994, § 5]

Wastewater Analysis. When requested by the Superintendent a user must submit information on the nature and characteristics of its wastewater within 30 days of the request. The Borough Manager is authorized to prepare a form for this purpose and may periodically require users to update this information.

Wastewater Discharge Permit Requirement.

No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Superintendent except that a significant industrial user that has filed a timely application pursuant to § 18-105(3) of this Part may continue to discharge for the time period specified therein.

The Borough Manager may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this Part.

Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this Part and subjects the wastewater discharge permittee to the sanctions set out in §§ 18-111 through 18-113 of this Part. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State and local law.

Wastewater Discharge Permitting; Existing Conditions. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this Part and who wishes to continue such discharges in the future shall, within 30 days after said date, apply to the Borough Manager for a wastewater discharge permit in accordance with § 18-105(5) of this Part and shall not cause or allow discharges to the POTW to continue after 60 days of the effective date of this Part except in accordance with a wastewater discharge permit issued by the Superintendent.

Wastewater Discharge Permitting; New Connections. Any user required to obtain a wastewater discharge permit who proposed to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommending of such discharge. An application for this wastewater discharge permit, in accordance with § 18-105(5) of this Part, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.

Wastewater Discharge Permit Application Contents.

All users required to obtain a wastewater discharge permit must submit a permit application. The Borough Manager may require all users to submit as part of an application the following information:

All information required by § 18-107(1)(B) of this Part.

Description of activities, facilities and plan processes on the premises including a list of all raw materials and chemicals used or stored at the facility which are or could accidentally or intentionally be discharged to the POTW.

Number and type of employees, hours of operation and proposed or actual hours of operation.

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

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

Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, floor drains and appurtenances by size, location and elevation and all points of discharge.

Time and duration of discharges.

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

Incomplete or inaccurate applications will not be processed and will be returned to the user for revisions.

Application Signatories and Certification. All discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations."

Wastewater Discharge Permit Decisions. The Borough Manager will evaluate the data furnished by the user and may require additional information. Within 30 days of receipt of a complete wastewater discharge permit application the Borough Manager will determine whether or not to issue a wastewater discharge permit. The Borough Manager may deny any application for a wastewater discharge permit.

§ 18-106 Wastewater Discharge Permit Issuance Process.

[Ord. 639, 12/5/1994, § 6]

Wastewater Discharge Permit Duration. A wastewater discharge permit shall be issued for a specified time period not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five years at the discretion of the Superintendent. Each wastewater discharge permit will indicate a specific date upon which it will expire.

Wastewater Discharge Permit Contents. A wastewater discharge permit shall include such conditions as are reasonably deemed necessary by the Borough Manager to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal and protect against damage to the POTW.

Wastewater discharge permits must contain the following conditions:

A statement that indicates wastewater discharge permit duration which in no event shall exceed five years.

A statement that the wastewater discharge permit is nontransferable without prior notification to and approval from the Borough and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.

Effluent limits based on applicable pretreatment standards.

Self-monitoring, sampling, reporting, notification and record keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency and sample type based on Federal, State and local law.

A statement of applicable civil, criminal and administrative penalties for violation of pretreatment standards and requirements and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State or local law.

Wastewater discharge permits may contain, but need to be limited to, the following special conditions:

Limits on the average and/or maximum rate of discharge, time of discharge and/or requirements for flow regulation and equalization.

Requirements for the installation of pretreatment technology, pollution control or construction of appropriate containment devices designed to reduce, eliminate or prevent the introduction of pollutants into the treatment works.

Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated or nonroutine discharges.

Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW.

The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW.

Requirements for installation and maintenance of inspection and sampling facilities and equipment.

A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards including those which become effective during the term of the wastewater discharge permit.

Other conditions as deemed appropriate by the Borough Manager to ensure compliance with this Part and State and Federal laws, rules and regulations.

Wastewater Discharge Permit Appeals. Any person, including the user, may petition the Borough Manager to reconsider the terms of a wastewater discharge permit within 30 days of its issuance.

Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

In its petition the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection and the alternative condition, if any, seeks to place in the wastewater discharge permit.

The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.

If the Borough Manager fails to act within 30 days a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit or not to modify a wastewater discharge permit shall be considered final administrative action for purposes of judicial review.

Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Berks County Court within 30 days.

Wastewater Discharge Permit Modification. The Borough Manager may modify the wastewater discharge permit for good cause including, but not limited to, the following:

To incorporate any new or revised Federal, State or local pretreatment standards or requirements.

To address significant alterations or additions to the user's operation, processes or wastewater volume or character since the time of wastewater discharge permit issuance.

A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.

Information indicating that the permitted discharge poses a threat to the Borough's POTW, Borough personnel or the receiving waters.

Violation of any terms or conditions of the wastewater discharge permit.

Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting.

Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR § 403.13.

To correct typographical or other errors in the wastewater discharge permit.

To reflect a transfer of the facility ownership and/or operation to a new owner/operator.

Wastewater Discharge Permit Transfer.

Wastewater discharge permits may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least 60 days advance notice to the Borough Manager and the Borough Manager approves the wastewater discharge permit transfer. The notice to the Borough Manager must include a written certification by the new owner and/or operator which:

States that the new owner and/or operator has no immediate intent to change the facility's operations and processes.

Identifies the specific date on which the transfer is to occur.

Acknowledges full responsibility for complying with the existing wastewater discharge permit.

Failure to provide advance notice of a transfer renders the wastewater discharge permit voidable as of the date of facility transfer.

Wastewater Discharge Permit Revocation.

Wastewater discharge permits may be revoked for, but not limited to, the following reasons:

Failure to notify the Borough Manager of significant changes to the wastewater prior to the changed discharge.

Failure to provide prior notification to the Borough Manager of a changed condition pursuant to § 18-107(5) of this Part.

Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application.

Falsifying self-monitoring reports.

Tampering with monitoring equipment.

Refusing to allow the Borough Manager timely access to the facility premises and records.

Failure to meet effluent limitations.

Failure to pay fines.

(9)

Failure to pay sewer charges.

(10)

Failure to meet compliance schedules.

(11)

Failure to complete a wastewater survey or the wastewater discharge permit application.

(12)

Failure to provide advance notice of the transfer of business ownership of a permitted facility.

(13)

Violation of any pretreatment standard or requirement or any terms of the wastewater discharge permit or this Part.

Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.

Wastewater Discharge Permit Reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application in accordance with § 18-105 of this Part, a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit.

Municipal Wastewater Discharge Permits. In the event another municipality contributes all or a portion of its wastewater to the POTW the Borough Manager may require such municipality to apply for and obtain a municipal wastewater discharge permit.

A municipal wastewater discharge permit application shall include:

A description of the quality and volume of the wastewater at the point(s) where it enters the POTW.

An inventory of all users discharging to the Borough.

Such other information as may be required by the Superintendent.

A municipal wastewater discharge permit shall contain the following conditions:

A requirement for the municipal user to adopt a sewer use ordinance which is at least as stringent as this Part and local limits which are at least as stringent as those set in § 18-102(4) of this Part. Such ordinance and limits must be revised as necessary to reflect changes made to the Borough's sewer use ordinance and/or local limits.

A requirement for the municipal user to submit a revised user inventory on at least an annual basis.

A requirement for the municipal user to conduct pretreatment implementation activities including wastewater discharge permit issuance, inspection and sampling and enforcement or authorize the POTW to take or conduct such activities on its behalf.

A requirement for the municipal user to provide the Borough Manager with access to all information that the municipal user obtains as part of its pretreatment activities.

Limits on the nature, quality and volume of the municipal user's wastewater at the point where it discharges to the POTW.

Requirements for monitoring the municipal user's discharge.

A provision ensuring the Borough Manager access to the facilities of users located in the municipal user's jurisdiction for the purpose of inspection, sampling and any other duties deemed necessary by the Superintendent.

Violation of the terms and conditions of the municipal user's wastewater discharge permit subjects the municipal user to the sanctions set out in §§ 18-111 through 18-113 of this Part.

§ 18-107 Reporting Requirements.

[Ord. 639, 12/5/1994, § 7]

Baseline Monitoring Reports.

Within either 180 days after the effective date of a categorical pretreatment standard or the final administrative decision on a category determination under 40 CFR § 403.6(a)(4) (whichever is later) existing categorical users currently discharging to or scheduled to discharge to the POTW shall be required to submit to the Borough Manager a report which contains the information listed in Subsection 1B below. At least 90 days prior to commencement of their discharge new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standard shall be required to submit to the Borough Manager a report which contains the information listed in Subsection 1B below. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable categorical standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.

Users described above shall submit the information set forth below.

Identifying Information. The name and address of the facility including the name of the operator and owner.

Environmental Permits. A list of any environmental control permits held by or for the facility.

Description of Operations. A brief description of the nature, average rate of production and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.

Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set our in 40 CFR § 403.6(e).

Measurement of Pollutants.

The categorical pretreatment standards applicable to each regulated process.

The results of sampling and analysis identifying the nature and concentration (and/or mass where required by the standard or by the Superintendent) of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long term average concentrations (or mass where required) shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 18-107(1) of this Part.

Sampling must be performed in accordance with procedures set out in § 18-107(11) of this Part.

Certification. A statement reviewed by the user's authorized representative and certified by a qualified professional indicating whether 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 to meet the pretreatment standards and requirements.

Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this Section must meet the requirements set out in § 18-107(2) of this Part.

Signature and Certification. All baseline monitoring reports must be signed and certified in accordance with § 18-105(6) of this Part.

Compliance Schedule Progress Report. The following conditions shall apply to the schedule required by § 18-107(1)(B)(7) of this Part: (A) the schedule shall contain progress increments 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 (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, beginning and conducting routine operation; (B) no increment referred to above shall exceed nine months; (C) the user shall submit a progress report to the Borough Manager no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for the delay and, if appropriate, the steps being taken by the user to return to established schedule and (D) in no event shall more than nine months elapse between such progress reports to the Superintendent.

Report on Compliance with Categorical Pretreatment Standard Deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards or in the case of a new source following commencement of the introduction of wastewater into the POTW any user subject to such pretreatment standards and requirements shall submit to the Borough Manager a report containing the information described in § 18-107(1)(B)(4)-(6) of this Part. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR § 403.6(c) this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation) this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 18-105(6) of this Part.

Periodic Compliance Reports.

All significant industrial users shall, at a frequency determined by the Borough Manager but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance report must be signed and certified in accordance with § 18-105(6) of this Part.

All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

If a user subject to the reporting requirement in this Section monitors any pollutant more frequently than required by the Superintendent using the procedures prescribed in § 18-107(11) of this Part the results of this monitoring shall be included in the report.

Report of Changed Conditions. Each user must notify the Borough Manager of any planned significant changes to the user's operations or system which might alter the nature, quality or volume of its wastewater at least 30 days before the change.

The Borough Manager may require the user to submit such information as may be deemed necessary to evaluate the changed condition including the submission of a wastewater discharge permit application under § 18-101(5) of this Part.

The Borough Manager may issue a wastewater discharge permit under § 18-105(7) of this Part or modify an existing wastewater discharge permit under § 18-106(4) of this Part in response to changed conditions or anticipated changed conditions.

For purposes of this requirement significant changes include, but are not limited to, flow increases of 10% or greater and the discharge of any previously unreported pollutants.

Reports of Potential Problems.

In the case of any discharge including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge or a slug load that may cause potential problems for the POTW the user shall immediately telephone and notify the Borough Manager of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume (if known) and corrective actions taken by the user.

Within five days following such discharge the user shall, unless waived by the Borough Manager, submit a detailed written report describing the cause(s) 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 incurred as a result of damage to the POTW, natural resources 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 pursuant to this Part.

Failure to notify the Borough Manager of potential problem discharges shall be deemed a violation of this Part.

A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection 6A above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.

Reports from Unpermitted Users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Borough Manager as the Borough Manager may require.

Notice of Violation/Repeat Sampling and Reporting. If sampling performed by a user indicates a violation the user must notify the Borough Manager within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Borough Manager within 30 days after becoming aware of the violation. The user is not required to resample if the Borough Manager monitors at the user's facility at least once a month, or if the Borough Manager samples between the user's initial sampling and when the user receives the results of this sampling.

Notification of the Discharge of Hazardous Waste. The discharge of hazardous waste into the sewer system is prohibited.

10.

Analytical Requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR, Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR, Part 136, does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA.

11.

Sample Collection.

Except as indicated in Subsection 11B below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Borough Manager may authorize he use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides and volatile organic chemicals must be obtained using grab collection techniques.

12.

Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed postage prepaid into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

13.

Record Keeping. Users subject to the reporting requirements of this Part shall retain and make available for inspection and copying all records of information obtained pursuant to any monitoring activities required by this Part and any additional records or information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method and time of sampling and the name of the person(s) taking the samples; dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the Borough or where the user has been specifically notified of a longer retention period by the Superintendent.

§ 18-108 Compliance Monitoring.

[Ord. 639, 12/5/1994, § 8]

Right of Entry; Inspection and Sampling. The Borough Manager shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this Part and any permit or order issued hereunder. Users shall allow the Borough Manager ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying and the performance of any additional duties.

Where a user has security measures in force which require proper identification and clearance before entry into its premises the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Borough Manager will be permitted to enter without delay for the purposes of performing specific responsibilities.

The Borough Manager shall have the right to set upon on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.

The Borough of Manager may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated quarterly to ensure their accuracy.

Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Borough Manager and shall not be replaced. The costs of clearing such access shall be borne by the user.

Unreasonable delays in allowing the Borough Manager access to the user's premises shall be a violation of this Part.

Search Warrants. It the Borough Manager has been refused access to a building, structure or property or any part thereof and is able to demonstrate probable cause to believe that there may be a violation of this Part or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the Borough designed to verify compliance with this Part or any permit or order issued hereunder or to protect the overall public health, safety and welfare of the community, then the Borough Manager may seek issuance of a search and/or seizure warrant from the Berks County Court of Common Pleas in addition to other rights and remedies available to the Borough. Refusal of entry shall be decreed probable cause.

§ 18-109 Confidential Information.

[Ord. 639, 12/5/1994, § 9]

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits and monitoring programs and from the Superintendent's inspection and sampling activities shall be available to the public without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Superintendent that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential 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 immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR § 2.302 will not be recognized as confidential information and will be available to the public without restriction.

§ 18-110 Publication of Users In Significant Noncompliance.

[Ord. 639, 12/5/1994, § 11]

The Borough Manager shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term "significant compliance" shall mean:

Chronic violations of wastewater discharge limits defined here as those in which 66% or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount.

Technical Review Criteria (TRC) violations defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease and 1.2 for all other pollutants except pH).

Any other discharge violation that the Borough Manager believes has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public).

Any discharge of pollutants that has caused imminent endangerment to the public or to the environment or has resulted in the Superintendent's exercise of its emergency authority to halt or prevent such a discharge.

Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance.

Failure to provide within 30 days after the due date any required reports including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports and reports on compliance with compliance schedules.

Failure to accurately report noncompliance.

Any other violation(s) which the Borough Manager determines will adversely affect the operation or implementation of the local pretreatment program.

§ 18-111 Administrative Enforcement Remedies.

[Ord. 639, 12/5/1994, § 11]

Notice of Violation. When the Borough Manager finds that a user has violated (or continues to violate) any provision of this Part a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the Borough Manager may serve upon that user a written notice of violation. Within seven days of the receipt of this notice an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Superintendent. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this Section shall limit the authority of the Borough Manager to take any action including emergency actions or any other enforcement action without first issuing a notice of violation.

Consent Orders. The Borough Manager may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to § 18-111(4) and (5) of this Part and shall be judicially enforceable.

Show Cause Hearing. The Borough Manager may order a user which has violated or continues to violate any provision of this Part a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement to appear before the Borough Manager and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action and a request that the user show cause shy the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 10 days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

Compliance Order. When the Borough Manager finds that a user has violated or continues to violate any provision of Part, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement the Borough Manager may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time limit set by the Borough Manager. If the user does not come into compliance within 15 days after the end of specified time limit, sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated. Compliance order may also contain other requirements to address the noncompliance, including addition self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a Federal pretreatment standard or requirement nor does a compliance order relieve the user of liability for any violation including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

Cease and Desist Orders.

When the Borough Manager finds that a user has violated (or continues to violate) any provision of this Part a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement or that the user's past violations are likely to recur, the Borough Manager may issue an order to the user directing it to cease and desist all such violations and directing the user to:

Immediately comply with all requirements.

Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation including halting operations and/or terminating the discharge.

Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

Administrative Fines.

When the Borough Manager finds that a user has violated or continues to violate any provision of this Part a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement the Borough Manager may fine such user in an amount not to exceed $1,000. Such fines shall be assess on a per violation, per day basis. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation.

Unpaid charges, fines and penalties shall, after 15 calendar days, be assessed an additional penalty of 10% of the unpaid balance and interest shall accrue thereafter at a rate of 1 1/4% per month. A lien against the user's property will be sought for unpaid charges, fines and penalties.

Users desiring to dispute such fines must file a written request for the Borough Manager to reconsider the fine along with full payment of the fine amount within 10 days of being notified of the fine. Where a request has merit the Borough Manager may convene a hearing on the matter. In the event the user's appeal is successful the payment, together with any interest accruing thereto, shall be returned to the user. The Borough Manager may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

Issuance of an administrative fine shall be not be a bar against, or a prerequisite for, taking any other action against the user.

Emergency Suspensions.

The Borough Manager may immediately suspend a user's discharge (after informal notice to the user) whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Borough Manager may also immediately suspend a user's discharge (after notice and opportunity to respond) that threatens to interfere with the operation of the POTW or which presents or may present an endangerment to the environment.

Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order the Borough manager may take such steps as deemed necessary including immediate severance of the sewer connection to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individual. The Borough Manager may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Borough Manager that the period of endangerment has passed unless the termination proceedings in § 18-111(8) of this Part are initiated against the user.

A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the Borough Manager prior to the date of any show cause or termination hearing under § 18-111(3) and (8) of this Part.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

Termination of Discharge.

In addition to the provisions in § 18-106(6) of this Part, any user who violates the following conditions is subject to discharge termination:

Violation of wastewater discharge permit conditions.

Failure to accurately report the wastewater constituents and characteristics of its discharge.

Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge.

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

Violation of the pretreatment standards in § 18-102 of this Part.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 18-111(3) of this Part why the proposed action should not be taken. Exercise of this option by the Borough Manager shall not be a bar to, or a prerequisite for, taking any other action against the user.

§ 18-112 Judicial Enforcement Remedies.

[Ord. 639, 12/5/1994, § 12; as amended by Ord. 680, 12/28/1998]

Injunctive Relief. When the Borough Manager finds that a user has violated (or continues to violate) any provision of this Part, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the Borough Manager may petition the Berks County Court of Common Pleas through the Borough Solicitor for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order or other requirement imposed by this Part on activities of the user. The Borough Manager may also seek such other action as is appropriate for legal and/or equitable relief including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

Civil Penalties.

A user who has violated or continues to violate any provision of this Part, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the Borough for a maximum civil penalty of $25,000 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

The Borough Manager may recover reasonable attorneys' fees, court costs and other expenses associated with enforcement activities, including sampling and monitoring expenses and the cost of any actual damages incurred by the Borough.

Any user who disputes the amount of penalty being imposed under this Section has the right to appeal that decision within 20 days from the date that the penalty is mailed by the Borough to the user. The appeal must be set forth in writing and contain all bases for the appeal, with a separate paragraph being used for each separate and distinct appeal issue. The appeal shall be verified by the user. (If the user is a corporation, the verification must be by a corporate officer.) The user must file, concurrent with the actual appeal, a $500 deposit which will be used by the Borough to cover cost of the stenographic record, together with any other miscellaneous costs incurred by the Borough in setting up and conducting the hearing. Any sums not used shall be returned to the user.

Within 30 days after receiving the written notice of appeal the Borough shall hold a hearing, to be held before no less than a majority of Borough Council. The burden of going forward with the appeal will be on the user with the standard of review being whether the Borough abused its discretion in imposing the penalty. Rules of evidence consistent with those used in the Berks County Court of Common Pleas for arbitration shall apply, unless the parties otherwise stipulate in writing. The hearing will be stenographically recorded by a court reporter selected by the Borough.

At the conclusion of the hearing, proposed findings of fact and conclusions of law may be requested. A decision by no less than a majority of Borough Council hearing the appeal shall be submitted in writing within 20 days from the date that the hearing is concluded.

If the user is successful in the appeal, the decision of the Borough Council shall be final. If the appeal by the user is denied, the user may appeal to the Berks County Court of Common Pleas within 30 days from the date that the decision is mailed by the Borough to the user. The standard for review will be whether the Borough Council abused its discretion in making its decision on the appeal.

In determining the amount of civil penalties as hereinabove set forth, the Borough shall take into account relevant factors surrounding the violation including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user's violation, corrective action taken by the user, the compliance history of the user, cooperation of the user with the Borough and others in rectifying the violation, the manner in which the violation occurred, including a determination as to whether the violation was accidental or intentional.

Filing a suit for civil penalties shall not be a bar against, or prerequisite for, taking any other action against a user.

Criminal Prosecution.

A user who has willfully violated any provision of this Part, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction thereof, be sentenced to pay a fine not more than $1,000 plus costs and, in default of payment of said fine and costs, to imprisonment for a term not to exceed 30 days or both.

A user who has willfully introduced any substance into the POTW which causes personal injury or property damage shall, upon conviction thereof, be sentenced to pay a fine not more than $1,000 plus costs and, in default of payment of said fine and costs, to imprisonment for a term not to exceed 30 days.

A user who knowingly made any false statement, representation or certification in any application, record, report, plan or other documentation filed or required to be maintained, pursuant to this Part, wastewater discharge permit, or order issued hereunder or who falsified, tampered with or knowingly rendered inaccurate any monitoring device or method required under this Part shall, upon conviction, be sentenced to pay a fine not more than $1,000 plus costs and, in default of payment of said fine and costs, to imprisonment for a term not to exceed 30 days or both.

Remedies Nonexclusive. The remedies provided for in this Part are not exclusive. The Borough Manager may take any, all or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the Borough's enforcement response plan. However, the Borough Manager may take other action against any user when the circumstances warrant. Further, the Borough Manager is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently.

§ 18-113 Supplemental Enforcement Action.

[Ord. 639, 12/5/1994, § 13]

Performance Bonds. The Borough Manager may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this Part, a previous wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement unless such user first files a satisfactory bond, payable to the Borough, in a sum not to exceed a value determined by the Borough Manager to be necessary to achieve consistent compliance.

Liability Insurance. The Borough Manager may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this Part, a previous wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.

Water Supply Severance. Whenever a user has violated or continues to violate any provision of this Part, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.

Contractor Listing. Users which have not achieved compliance with applicable pretreatment standards and requirements are not eligible to receive a contractual award for the sale of goods or services to the Borough. Existing contracts for the sale of goods or services to the Borough held by a user found to be in significant noncompliance with pretreatment standards or requirements may be terminated at the discretion of the Superintendent.

§ 18-114 Affirmative Defenses to Discharge Violations.

[Ord. 639, 12/5/1994, § 14]

Upset.

For the purposes of this Section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation.

An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of Subsection 1C are met.

A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that:

An upset occurred and the user can identify the cause(s) of the upset.

The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures.

The user has submitted the following information to the Borough Manager and treatment plant operator within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days).

A description of the indirect discharge and cause of noncompliance.

The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue.

Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.

In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.

Prohibited Discharge Standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in § 18-102(1)(B)(3) of this Part or the specific prohibitions in § 18-102(1)(A) of this Part if it can prove that it did not know or have reason to know that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either: (A) a local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or (B) no local limit exists but the discharge did not change substantially in nature or constituents from the user's prior discharge when the Borough was regularly in compliance with its NPDES permit and in the case of interference was in compliance with applicable sludge use or disposal requirements.

Bypass.

For the purposes of this Section:

"Bypass" means the intentional diversion of wastestreams from any portion of a user's treatment facility.

"Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to be inoperable or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of Subsections 3C and D of this section.

If a user knows in advance of the need for a bypass, it shall submit prior notice to the Superintendent at least 10 days before the date of the bypass if possible. A user shall submit oral notice to the Borough Manager of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass. The Borough Manager may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

Bypass is prohibited and the Borough Manager may take an enforcement action against a user for a bypass, unless:

Bypass was unavoidable to prevent loss of life, personal injury or severe property damage.

There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance.

The user submitted notices as required under Subsection 3C of this section.

The Borough Manager may approve an anticipated bypass, after considering its adverse effects, if the Borough Manager determines that it will meet the three conditions listed in Subsection 3D(1) of this section.

§ 18-115 Wastewater Treatment Rates.

[Ord. 639, 12/5/1994, § 15]

Sewer Rentals and User Charges. Sewer rentals and charges are hereby imposed upon and shall be collected from the owner of each improved property which shall be connected to the sewer system, for use of the sewer system whether each use shall be direct or indirect, which sewer rentals and charges shall commence and shall be effective as of the date of connection of each such improved property to the sewer system.

Computation of Sewer Rentals or Charges.

Metered Service.

Except upon special permission granted by the Borough and upon good cause shown, each improved property, including industrial establishments, shall be required to have installed a sewage meter, or in lieu thereof, any other measuring device approved by the Borough, for the purpose of computing sewer rentals or charges hereunder.

Except as otherwise provided in this Part, sewer rentals and charges for domestic waste and industrial wastes discharged into the sewer system from any improved property, including industrial establishments, shall be based upon volume of water usage, adjusted, if appropriate, as provided in this Part, where the volume of water usage is metered.

Sewer rentals and charges for domestic waste and industrial wastes discharged into the sewer system from any improved property may be based upon actual metered volume of discharge as permitted in this Part.

In any of the foregoing cases, such sewer rentals and charges shall be computed in accordance with the following metered rate schedule.

Nonmetered Service. Sewer rentals and charges for domestic waste and industrial wastes discharged into the sewer system from any improved property when the volume of water usage is not metered and when the actual volume of discharge is not metered as permitted in this Part, shall be computed in accordance with the metered rate schedule provided herein and based upon an estimate by the Borough of the sewage discharge of said improved property or billing unit.

Sewer Rentals and Charges During Emergencies. Where, due to emergencies caused by flood, fire or other catastrophe or season of the year, it is necessary for consumers of the Borough or of sections of the Borough to use unusually large amounts of water, the Borough Council may, by resolution, direct that sewer rentals in the Borough, or a specified section of the Borough, for the quarter in which the flood, fire, season or other catastrophe occurs, shall be based upon the amount charged for water in the previous quarter or the same quarter in the previous year; provided, that no customer shall be charged an amount in excess of what the charge would have been had this resolution not been enacted, shall be billed.

In the event of meter failure, an average of the past four quarter charges shall be billed.

Time and Method of Payment.

Sewer rentals or charges imposed by this Part shall be payable quarterly. In the case of an owner of improved property whose quarterly bill for sewer rentals or charges shall be computed in whole or in part upon the basis of water volume usage metered in connection with the operation of the water system, the quarterly billing date shall be the same date as shall be applicable for billing in connection with the water system. Such bill for sewer rentals or charges shall cover services furnished during the three months immediately preceding the billing date. In the case of an owner of improved property whose quarterly bill for sewer rentals or charges shall be computed on any basis completely independent of water volume usage metered in connection with the operation of the water system, the quarterly billing dates shall be the first days of January, April, July and October, respectively, in each year and, to the except practicable, shall cover services furnished during the three calendar months immediately preceding the billing date.

Sewer rentals or charges shall be due and payable upon the applicable billing date as provided for in Subsection 3A above and the appropriate amount computed in accordance with this Part shall constitute the net bill. If sewer rentals or charges are not paid within 30 calendar days after each billing date, an additional sum of 10% for every month that said charge remains unpaid shall be added to such net bill, which net bill, plus such additional sum, shall constitute the gross bill. Payment made or mailed and postmarked on or before the last day of such 30 calendar day period shall constitute payment within such period. If the end of such 30 calendar day period shall fall on a legal holiday or a Sunday, payment made or mailed and postmarked on the next succeeding weekday which is not a legal holiday shall constitute payment within such period.

Whenever service to any billing unit shall begin after the first day or shall terminate before the last day of any quarterly billing period, sewer rentals or charges for such period shall be prorated equitably, if appropriate, for that portion of the quarterly billing period during which such billing unit was served by the sewer system.

Every owner of improved property which is connected to the sewer system initially shall provide the Borough with and thereafter shall keep the Borough advised of his correct address. Failure of any person to receive quarterly bills for sewer rentals or charges shall not be considered an excuse for nonpayment nor shall such failure result in an extension of the period of time during which such bill shall be payable without penalty.

Liens for Sewer Rentals or Charges. The sewer rentals or charges hereby imposed shall be a lien on the improved property connected to and served by the sewer system from the date such sewer rental or charge becomes due and payable under provisions of this Part; and all sewer rentals or charges hereby imposed which shall not be paid within 30 days after the same become due and payable shall be entered as a lien against the improved property so connected to and served by the sewer system, which lien shall be filed in the office of the Prothonotary of Berks County, Pennsylvania, in the manner provided by law for the filing of municipal claims. All delinquent bills shall be collected by the Borough in any manner permitted and authorized by law.

§ 18-116 Pretreatment Charges and Fees.

[Ord. 639, 12/5/1994, § 16]

The Borough may adopt reasonable fees for reimbursement of costs of setting up and operating the Borough's pretreatment program which may include:

Fees for wastewater discharge permit applications, including the cost of processing such applications.

Fees for monitoring, inspection and surveillance procedures, including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports submitted by users.

Fees for reviewing and responding to accidental discharge procedures and construction.

Fees for filing appeals.

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, fines and penalties chargeable by the Borough.

§ 18-117 Determination of Charges for Industrial Wastes.

[Ord. 639, 12/5/1994, § 17]

Industrial Waste Surcharges. There shall be additional charges for industrial wastes having concentrations of BOD, suspended solids and dissolved solids in excess of the average concentration of these pollutants in normal domestic waste. Normal domestic waste shall be considered has having the following concentrations:

BOD — 300 mg/l.

Suspended solids — 350 mg/l.

Dissolved solids — 500 mg/l.

Surcharge Formula.

In order to determine the additional charge for industrial wastes with strength greater than that of domestic waste, the following formula shall be used:

S_Q = 0.00834 Q_I [(BOD_I — 300) TC_BOD + (SS_I — 350) TC_SS + (DS_I — 500) TC_DS]

Where:

S_Q is the quarterly surcharge to be added to the normal sewer rent.

0.00834 is a constant to convert waste concentrations expressed in mg/l to thousands of pounds of waste.

Q_I is the quarterly industrial waste flow expressed in million gallons.

BOD_I, SS_I and DS_I are the respective concentrations of BOD₅, suspended solids and dissolved solids of the industrial waste expressed in mg/l.

Three hundred, 350, and 500 are constants which express the waste load concentrations in mg/l for normal domestic wastes.

TC_BOD is the treatment cost incurred by the Borough as updated annually per 1,000 pounds of BOD.

TC_SS is the treatment cost incurred by the Borough as updated annually per 1,000 pounds of suspended solids.