[Adopted 11-25-1991 by Ord. No. 570 (Ch. XVIII, Part 3, of
the 1975 Borough Code)]
As used in this article, the following terms shall have the
meanings indicated:
Any discharge of water or wastewater which is inadvertent
and which results in or increases pollution or contains a pollutant
or is not in compliance with the requirements of any Borough ordinance.
An authorized representative of an industrial user may be:
a principal executive officer of at least the level of vice president,
if the industrial user is a corporation; a general partner or proprietor
if the industrial user is a partnership or proprietorship, respectively;
a principal executive officer or director having responsibility for
the overall operation of the discharging facility if the industrial
user is a governmental entity, charitable organization or other such
unincorporated entity; a duly authorized representative of the individual
designated above if such representative is responsible for the overall
operation of the facilities from which the discharge originates.
The conveyance of any water or wastewater into the sewer
system.
Any person who discharges industrial waste into the sewer
system.
Any solid, liquid or gaseous substance or form of energy
which is produced as a result, whether directly or indirectly, of
any industrial, manufacturing, trade or business process or activity
or in the course of developing, recovering or processing natural resources,
but not sanitary sewage.
A discharge which, alone or in conjunction with discharges
from other sources:
Inhibits or disrupts the processes or operations of the sewage
treatment plant or the sewer system or sludge handling processes,
including end use or disposal; or
Is a cause of a violation of any requirement of the Borough's
national pollutant discharge elimination system (NPDES) permit (including
an increase in the magnitude or duration of a violation) or of the
prevention of sewage sludge use or disposal in compliance with provisions
of the Pennsylvania Solid Waste Act[1] or which results in or increases the severity of a violation
of state or federal environmental statutes, rules or regulations.
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.
Any substance, including, but not limited to, dredged spoil,
solid waste, incinerator residue, sewage, garbage, sewage sludge,
munitions, chemical wastes, biological materials, radioactive materials,
heat, wrecked or discharged equipment, rock, sand, cellar dirt and
industrial, municipal and agricultural wastes, which, when discharged
into water, results in pollution or increases pollution.
The contamination of any waters of the state such as will
create or is likely to create a nuisance or to render such waters
harmful, detrimental or injurious to public health, safety or welfare,
or to domestic, municipal, commercial, industrial, agricultural, recreational
or other legitimate beneficial uses, or to livestock, wild animals,
birds, fish or other aquatic life; or contamination of the air, soil,
or environment so as to produce or be likely to produce similar deleterious
effects.
That portion of the sewer system owned and operated by the
Borough, which is designed to provide treatment of wastewater and
discharge of treated effluent to the environment.
The sewage collection system, sewage treatment plant and
any sewers that convey wastewater to the sewage treatment plant. For
the purposes of this article, "sewer system" shall also include any
sewers that convey wastewater to the sewage treatment plant from persons
who are, by contract or agreement with the Borough, users of the sewer
system.
An industrial user who has a discharge flow of 15,000 gallons
or more per day, or has an organic or suspended solids loading greater
than 30 pounds per average workday based on any composite sample collected
over a twenty-four-hour period or period of discharge if less than
24 hours, or has the potential, as determined by the Borough, to exert
impact or cause interference, either singly or in combination with
other contributors, on the operation of the sewer system, the quality
of the sludge or air emissions generated by the sewer system.
Any discharge of water or wastewater in which the concentration
of any constituent or the rate of flow exceeds for any period of time
longer than 15 minutes, five times the average concentration or flow
rate from that source during a normal working day.
Any person who contributes, causes or permits the discharge
of wastewater into the sewer system.
Industrial wastes or domestic wastes from dwellings, commercial
buildings, industrial facilities and institutions together with any
groundwater, surface water and stormwater that may be present, whether
treated or untreated, which enters the sewer system.
As set forth in § 288-2 of this article.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
A.Â
Permit required. All significant industrial users proposing to connect
to or discharge to the Palmyra sewer system (SS) shall obtain a wastewater
discharge permit at least 90 days before connecting to or discharging
to the SS. All existing significant industrial users connected to
or discharging to the SS shall apply for a wastewater discharge permit
within 45 days after notification from the Borough. Following its
review of the information provided, including any additional information
which may be requested by the Borough, the Borough will issue or deny
the issuance of a wastewater discharge permit to the SIU.
B.Â
Permit application.
(1)Â
Any SIU required to obtain a wastewater discharge permit shall complete
and file with the Borough an application in the form and containing
information as prescribed by the Borough, and shall submit an administrative
fee as established from time to time by the Borough. The application
shall be executed by an authorized representative of the SIU.
(2)Â
The Borough will evaluate the data furnished by the SIU and may require
additional information. After evaluation and acceptance of the data
furnished, the Borough may issue a wastewater discharge permit subject
to terms and conditions provided therein.
C.Â
Permit modifications. The wastewater discharge permit of an SIU may
be revised by the Borough when:
(1)Â
Necessitated to protect public health, welfare and safety.
(2)Â
In response to a change in process or discharge by the SIU.
(3)Â
In response to a change in Borough, county, state and federal regulations.
(4)Â
In response to a change in the Borough's NPDES permit or any other
permit or a change in state and federal regulations governing sludge
disposal, air quality or water quality.
D.Â
Permit conditions. Wastewater discharge permits shall be expressly
subject to all provisions of any Borough ordinance and all other applicable
regulations, charges and fees established by the Borough. Permits
may contain the following:
(1)Â
Limitations on the average and maximum wastewater constituents and
characteristics, including but not limited to flow, pollutant concentrations
and mass limits.
(2)Â
Limitations on average and maximum rate and time of discharge or
requirements for flow regulation and equalization.
(3)Â
Requirements for installation and maintenance of inspection, sampling
and monitoring facilities.
(4)Â
Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedule.
(5)Â
A compliance schedule and reporting requirements.
(6)Â
Requirements for submission of technical reports or discharge reports.
(7)Â
Requirements for maintaining and retaining records relating to wastewater
discharge as specified by the Borough and affording Borough access
thereto.
(8)Â
Requirements for notification of the Borough of any new discharge
of wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being discharged to the
STP.
(9)Â
Requirements for notification of slug loads and accidental discharges.
(10)Â
Other conditions as deemed appropriate by the Borough to ensure
compliance with any Borough ordinance or state and federal regulations.
E.Â
Permit duration. Permits shall be issued for a time period not to exceed five years and will expire on a specific date. The SIU shall apply for permit reissuance a minimum of 180 days prior to the expiration of the SIU's existing permit. The terms and conditions of the permit may be subject to modification by the Borough during the term of the permit as described in Subsection C of this section. The SIU shall be informed of any proposed change in its wastewater discharge permit at least 30 days prior to the effective date of change. Any changes or new conditions in the wastewater discharge permit shall include a reasonable time schedule for compliance.
F.Â
Permit transfer. Wastewater discharge permits are issued to a specific
SIU for a specific operation. A wastewater discharge permit shall
not be reassigned or transferred or sold to a new owner, new user,
different premises or a new or changed operation without the approval
of the Borough.
A.Â
Compliance schedule. If a compliance schedule is required to be contained
or included with the application for a wastewater discharge permit
or if under any other circumstances a compliance schedule is required
to be submitted to the Borough, the following criteria shall govern
the preparation of the compliance schedule:
(1)Â
The compliance schedule shall clearly show by line items or clearly
describe by numbered categories all the major phases or steps which
the applicant reasonably believes will be involved in order, within
the shortest possible period of time, to place a new pretreatment
facility or process into operation and to achieve compliance on a
consistent basis, to bring an existing facility or process into compliance
on a consistent basis or to achieve compliance in some other respect
or under some other circumstance.
Example. The line item phases or steps which could be involved
might include: a phase for the selection and retention of a consulting
engineer; a phase for the preparation of preliminary design plans;
a phase for the review and evaluation by the Borough of the preliminary
design plans; a phase for the preparation of final design plans; a
phase for the preparation of technical specifications, project manuals
and bid documents; a phase for the invitation and receipt of bids;
a phase for the acceptance of bids and the award and execution of
contracts; a phase for construction or installation; and a phase for
testing the facility or process.
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(2)Â
A commencement date and a completion date shall be assigned to each line item phase or step or to each numbered category phase or step referred to in Subsection A(1) of this section. The period from commencement to completion of a particular phase or step shall be the shortest possible period of time. In no event, however, shall any phase or step exceed nine months in duration from commencement to completion. There shall be no hiatus or interval between one phase or step and the next.
(3)Â
The compliance schedule shall show a final date by which compliance
will be achieved on a consistent basis. Under no circumstances, however,
shall this final date be later than any mandatory compliance date
fixed by the United States Environmental Protection Agency for compliance
with a national categorical pretreatment standard; any mandatory compliance
date fixed by the Borough for compliance with a prohibition, control,
limit, flow equalization standard, pretreatment standard or regulation
issued or prescribed by the Borough; or any mandatory compliance date
fixed by a governmental agency of the commonwealth for compliance
with a prohibition, control, limit, standard or regulation issued
or prescribed by the agency.
B.Â
Compliance schedule reports. If a compliance schedule is approved
by the Borough, the applicant shall submit to the Borough periodic
compliance schedule reports. The content and frequency of these reports
shall be prescribed by the Borough.
Any person, including the industrial user, may petition the
Borough to reconsider the terms of a wastewater discharge permit within
30 days of its issuance. Such an appeal shall be directed to the Sanitation
Committee of the Borough Council for its review. Upon consideration
of the petition, the Committee shall make its recommendation to the
Borough Council, whose decision regarding the appeal will be final.
A.Â
Failure to submit a timely petition for review shall be deemed to
be a waiver of the administrative appeal.
B.Â
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, it seeks to place in the wastewater
discharge permit.
C.Â
The effectiveness of the wastewater discharge permit shall not be
stayed pending the appeal.
D.Â
If the Borough fails to act within 60 days following presentation
of the petition to the Sanitation Committee, 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.
E.Â
Aggrieved parties seeking judicial review of the final administrative
wastewater discharge permit decision must do so by filing a complaint
with the court of competent jurisdiction.
A.Â
Monitoring facilities location. The Borough may require an SIU to
provide and operate at the SIU's own expense monitoring facilities
to allow inspection, sampling and flow measurement of the discharge
from the SIU. The monitoring facility should normally be situated
on the SIU's premises, but the Borough may, when such a location would
be impractical or cause undue hardship on the SIU, allow the facility
to be constructed in the public street or sidewalk area and located
so that it will be not be obstructed by landscaping or parked vehicles.
B.Â
Monitoring facilities construction and maintenance. Whether constructed on public or private property, the monitoring facilities shall be provided in accordance with the Borough's requirements and all applicable local construction standards and specifications. There shall be ample room in or near the monitoring facility to allow accurate sampling and preparation of samples for transport. Construction shall be completed within 90 days after construction plans have been approved by the Borough, in accordance with Subsection C of this section. The monitoring facility shall be maintained at all times in a safe and proper operating condition at the expense of the SIU.
C.Â
Detailed plans. Detailed plans showing the intended facilities shall
be submitted to the Borough for review within the time period approved
by the Borough and shall be acceptable to the Borough before construction
of the facility. The Borough shall notify the user, in writing, when
the detailed plans are acceptable for construction.
The Borough may inspect the facilities of any user to ascertain
whether the purpose of any Borough ordinance is being met and all
requirements are being complied with. Persons or occupants of premises
where wastewater is created or where there is a wastewater discharge
shall allow the Borough or its representative ready access at all
reasonable times to all parts of the premises for the purpose of inspection,
sampling, records examination or in the performance of any of its
duties. The Borough shall have the right to set up on the user's property
such devices as are necessary to conduct sampling, inspection, compliance
monitoring and/or metering operations. Where a user has a security
measure in force which would 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 will be permitted to enter, without delay, for the purpose
of performing its specific responsibilities.
A.Â
Protection from discharge. Each IU shall provide protection from
accidental discharge and slug loads. Facilities, when required by
the Borough to prevent an accidental discharge or slug load, shall
be provided and maintained at the IU's cost and expense.
B.Â
Facility plan. Detailed plans showing facilities and operating procedures
to provide this protection shall be submitted to the Borough for review
and shall be approved by the Borough before construction of the facility
and implementation of the proposed procedures. All existing IU's shall
complete a plan or provide evidence that such a plan is not necessary
for their facility. No IU who commences discharge to the sewer system
after the effective date of this article shall be permitted to discharge
into the sewer system until this requirement has been fulfilled. Review
and approval of such plans and operating procedures shall not relieve
the IU from the responsibility to modify the IU's facility as necessary
to meet the requirements of this article.
C.Â
Notification of discharge. In the case of an accidental discharge
or slug load, it is the responsibility of the IU to immediately telephone
and notify the Borough of the incident. The notification by the IU
shall include location of discharge, type of waste, concentration
and volume and corrective actions to mitigate the accidental discharge
or slug load.
D.Â
Written notice. Within five days following an accidental discharge
or slug load, the IU shall submit to the Borough a detailed written
report describing the cause of the discharge and the measures to be
taken by the IU to prevent similar future occurrences. Such notification
shall not relieve the IU of any expense, loss, damage or other liability
which may be incurred as a result of damage to the sewer system, fish
kills or any other damage to person or property; nor shall such notification
relieve the IU of any fines, civil penalties or other liability which
may be imposed by this section or other applicable law.
E.Â
Notice to employees. A notice shall be permanently posted on the
IU bulletin board or other prominent place advising employees whom
to call in the event of an accidental discharge or slug load. Employers
shall insure that all employees who may cause or suffer such an accidental
discharge or slug load to occur are advised of the emergency notification
procedure.
Industrial users shall provide necessary wastewater treatment
as required to comply with all Borough ordinances. Any facilities
required to provide pretreatment of wastewater to a level acceptable
to the Borough shall be provided, operated and maintained at the IU's
expense. Detailed plans showing the pretreatment facilities and operating
procedures shall be submitted to the Borough for review and shall
be acceptable to the Borough before construction of the facility.
The review of such plans and operating procedures shall in no way
relieve the IU from the responsibility of modifying the facility as
necessary to produce an effluent acceptable to the Borough under the
provisions of all Borough ordinances. Any subsequent changes in the
pretreatment facilities or method of operation shall be reported to
and be acceptable to the Borough prior to the IU's initiation of the
changes. All records relating to compliance with all Borough ordinances
shall be made available to officials of the Borough upon request.
A.Â
Availability of information. Information and data on an IU obtained
from reports, questionnaires, permit applications, permits and monitoring
programs and from inspections shall be available to the public or
other governmental agency without restriction unless the IU specifically
requests and is able to demonstrate to the satisfaction of the Borough
that the release of such information would divulge information, processes
or methods of production entitled to protection as trade secrets of
the IU. The portions of a report which would disclose trade secrets
or secret processes shall not be made available for inspection by
the public but shall nevertheless be made available upon written request
to governmental agencies for uses related to all Borough ordinances,
the NPDES permit, any state disposal system permit and/or the programs
under applicable categorical standards or for use by the Borough,
any state, the United States or any state or federal agency in judicial
review or enforcement proceedings involving the user or the person
furnishing the report. Wastewater constituents and characteristics
will not be recognized as confidential information.
B.Â
Industrial user notification. Before information accepted by the
Borough as confidential is transmitted to any governmental agency
by the Borough, a notification to the industrial user shall be provided
listing the confidential information to be transmitted and the governmental
entity requesting such information.
A.Â
Harmful contributions.
(1)Â
The Borough may suspend services provided by the STP and/or may suspend
a wastewater discharge permit when such suspension is necessary, in
the opinion of the Borough, in order to stop an actual or threatened
discharge which presents or may present an imminent or substantial
endangerment to the health or welfare of persons or to the environment,
causes interference to the sewer system or causes the Borough to violate
any condition of its NPDES permit.
(2)Â
Any user notified of a suspension of the services provided by the
STP and/or suspension of the wastewater discharge permit shall immediately
stop or eliminate the discharge. In the event of a failure of the
user to comply voluntarily with the suspension order, the Borough
shall take such steps as it may deem necessary, including, without
limitation, immediate severance of the sewer connection, to prevent
or minimize damage to the sewer system or endangerment to any individuals.
(3)Â
The Borough shall reinstate the wastewater discharge permit and/or
the service provided by the STP upon proof of the elimination of the
noncomplying discharge. A detailed written statement submitted by
the IU describing the causes of the noncomplying discharge and the
measures taken to prevent any future occurrence shall be submitted
to the Borough within 15 days of the date of the occurrence.
B.Â
Revocation of permit. The wastewater discharge permit of any SIU
may be revoked in accordance with the procedures of this section upon
the occurrence of any of the following:
(1)Â
Failure of the SIU to factually report the wastewater constituents
and characteristics of the discharge as required by Borough ordinance
or the wastewater discharge permit;
(2)Â
Failure of the SIU to report significant changes in operations or
wastewater constituents and characteristics as required by any Borough
ordinance or by the wastewater discharge permit;
(4)Â
Refusal of reasonable access to the SIU's premises for the purpose
of inspection or monitoring; or
(5)Â
Violation of conditions of the wastewater discharge permit.
C.Â
Notification of violation. Whenever the Borough finds that any user
has violated or is violating this or any Borough ordinance, the wastewater
discharge permit or any prohibition, limitation or requirement contained
in this or any Borough ordinance, the Borough shall serve upon such
user a written notice stating the nature of the violation. Within
30 days of the date of the notice, a plan for the satisfactory correction
thereof shall be submitted to the Borough by the user, provided that
this provision shall not affect or limit the Borough's rights and
powers to immediately suspend service.[1]
[Amended 7-25-1994 by Ord. No. 599]
A.Â
Civil penalties. Any user who is found to have failed to comply with
any provision of this article and the rules, regulations and permits
issued hereunder may be fined not less than $100 nor more than $1,000
for each offense. Each day during which a violation shall occur or
continue shall be deemed a separate and distinct offense. In addition
to the penalties provided herein, the Borough may recover reasonable
attorneys' fees, court costs, court reporters' fees and other expenses
of litigation by appropriate suit at law against the user who is found
to have violated this article or the rules, regulations and permits
issued hereunder.
B.Â
Falsifying information. Any person who knowingly makes any false
statements, representation or certification in any application, record,
report, plan or other document produced, filed or required to be maintained
pursuant to this article or the wastewater discharge permit or who
falsifies, tampers with or knowingly renders inaccurate any monitoring
device or method required under this article shall, upon conviction,
be punished by a fine of not more than $1,000 or by imprisonment for
not more than six months, or by both.