[Ord. 683, 11/8/1989,
§ 1]
1.
This chapter sets forth uniform requirements for direct and indirect
contributors into the wastewater collection and treatment system owned
and operated by the Borough, to effect compliance with applicable
state and federal laws required by the Clean Water Act of 1977 and
the General Pretreatment Regulations (40 CFR Part 403). At the time
of the enactment hereof, Stroudsburg Borough operates the wastewater
collection and treatment systems, and so long as Stroudsburg Borough
continues to do so, where the context refers to operations, this meaning
shall be supplied.
2.
The objectives of this Part are:
A.
To prevent the introduction of pollutants into the municipal wastewater
system which will interfere with the operation of the system or contaminate
the resulting sludge or otherwise be incompatible with the system.
B.
To prevent the introduction of pollutants into the municipal wastewater
system which will pass through the system inadequately treated into
receiving water or the atmosphere.
C.
To improve the opportunity to recycle and reclaim wastewater and
sludges from the system.
D.
To provide for equitable distribution of the cost for the implementation
of the Borough's Municipal Industrial Pretreatment Program.
3.
This Part provides for the regulation of direct and indirect contributors
to the municipal wastewater system through the issuance of permits
to certain nondomestic users and through enforcement of general requirements
for the other users; authorizes monitoring and enforcement activities;
requires user reporting; assumes that each existing customer's capacity
will not be preempted, and provides for the setting of fees for the
equitable distribution of costs resulting from the program established
herein.
4.
Nothing contained in this Part shall be construed as preventing any
special agreement or arrangement between the Borough and significant
users within or out of the Borough, whereby a waste of unusual strength
or character may be accepted by the Borough by special agreements,
in writing, executed prior to such acceptance, containing safeguards,
limitations, and conditions acceptable to the Borough and in conformance
with minimum EPA pretreatment requirements.
5.
The citation of statute law, regulatory law, executive order or any
official act includes any amendments thereto and includes enactments,
regulations, or executive orders which supplant the citations stated.
[Ord. 683, 11/8/1989,
§ 2]
1.
ACT OR THE ACT
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF A SIGNIFICANT USER
BIOCHEMICAL OXYGEN DEMAND (BOD)
BOROUGH
BUILDING DRAIN
BUILDING SEWER
CATEGORICAL STANDARDS
CONTROL AUTHORITY
COOLING WATER
DIRECT DISCHARGE
ENVIRONMENTAL PROTECTION AGENCY (EPA)
GRAB SAMPLE
HOLDING TANKS WASTES
IMPROVED PROPERTY
INDIRECT DISCHARGE
INDUSTRIAL USER
INTERFERENCE
NATIONAL CATEGORICAL PRETREATMENT STANDARDS OR PRETREATMENT
STANDARD
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM OR NPDES
NATIONAL PROHIBITIVE DISCHARGE STANDARD OR PROHIBITIVE DISCHARGE
STANDARD
NEW SOURCE
NITROGEN AMMONIA (NH3-N)
NITROGEN TOTAL KJELDAHL (TKN)
OCCUPIED BUILDING
OWNER
PASS THROUGH
PERSON
pH
PHOSPHATE (PO4 AS P)
POLLUTANT
POTW TREATMENT PLANT
PRETREATMENT OR TREATMENT
PRETREATMENT STANDARDS
PUBLICLY OWNED TREATMENT WORKS (POTW)
SEWER
SHALL
SIGNIFICANT USER
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STATE
STORMWATER
SUPERINTENDENT
SUSPENDED SOLIDS
TOXIC POLLUTANT
USER
WASTEWATER
WATERS OF THE STATE
Definitions. Unless the context specifically indicates otherwise,
the following terms and phrases as used in this Part shall have the
meanings hereinafter designated:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
The Director in an NPDES state with an approved state pretreatment
program, or the Administrator of the EPA in a non-NPDES state, or
the Director in an NPDES state without an approved state pretreatment
program.
An authorized representative of a significant user may be
a principal executive officer of at least the level of vice president
if the significant user is a corporation; a general partner or proprietor
if the significant user is a partnership or proprietorship, respectively;
a duly authorized representative of the individual designated above,
if such representative is responsible for the overall operation of
the facilities from which the indirect discharge originates; or any
governmental entity within the Borough. The signature must conform
to requirements set forth in 40 CFR 403.12(1).
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, five days at
20° C., expressed in terms of weight and concentration [milligrams
per liter (mg/l)].
Stroudsburg Borough, Monroe County, Pennsylvania.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste, and other drainage
pipes inside the walls of the building and conveys it to the building
sewer, beginning five feet (1.5 meters) outside the inner face of
the building wall.
A sewer conveying wastewater from the premises of a user
to the POTW.
National Categorical Pretreatment Standards or pretreatment
standards.
The term "control authority," as defined hereinabove, or
the superintendent if the Borough has an approved pretreatment program
under the provisions of 40 CFR 403.11.
The water discharged from any use, such as air-conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
The discharge of treated or untreated wastewater directly
to the waters of the Commonwealth of Pennsylvania.
The U.S. Environmental Protection Agency or, where appropriate,
the term may also be used as a designation for the Administrator or
other duly authorized official of said agency.
A sample which is taken from a waste stream on a one-time
basis, with no regard to the flow in the waste stream and without
consideration of time.
Any waste from holding tanks, such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum-pump tank trucks.
Any property within the Borough 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 wastewater
shall be or may be discharged.
The discharge or the introduction of pollutants into the
POTW, including holding tank waste discharged into the system as outlined
in 40 CFR 403.3(g) and Sections 30(b), (c), and (d) of the Act.
An industrial source of indirect discharge.
The inhibition or disruption of the POTW treatment processes
or operations or its sludge operations which contributes to a violation
of any requirement of the Borough's NPDES permit. The term includes
prevention of sewage sludge use, sludge processes, or disposal by
the POTW in accordance with Section 405 of the Act (33 U.S.C. § 1345),
or any criteria, guidelines, or regulations developed pursuant to
the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic
Substances Control Act, or more stringent state criteria, including
those contained in any state sludge management plan prepared pursuant
to Title IV of SWDA applicable to the method of disposal or use employed
by the POTW.
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 131 and 40 CFR Chapter I, Subchapter N, or 40 CFR Parts 401-471), which applies to a specific industry.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1317).
Any regulation developed under the authority of Section 307(b)
of the Act and 40 CFR 403.5.
Any source, the construction of which is carried out at a
site at which no other source is located, or the construction totally
replaces the process or production equipment that causes the discharge
of pollutants at an existing source, or the production or wastewater
generating processes of the constructed facility are substantially
independent of an existing source at the same site [and in any event,
the construction of which is commenced after the publication of proposed
regulations prescribing a Section 307(c) (33 U.S.C. § 1317)
Categorical Pretreatment Standard which will be applicable to such
sources, if such standard is thereafter promulgated within 120 days
of proposal in the Federal Register. Where the standard is promulgated
later than 120 days after proposal, a new source means any source,
the construction of which is commenced after the date of promulgation
of the standard.]
The quantity of ammonia nitrogen expressed in terms of weight
and concentration (milligrams per liter) as nitrogen and determined
by an analytical method outlined in 40 CFR Part 136.
The quantity of total kjeldahl nitrogen (TKN) expressed in
terms of weight and concentration (milligrams per liter) as nitrogen
and determined by an analytical method outlined in 40 CFR Part 136.
Any structure for continuous or periodic human occupancy
from which sanitary sewage is or may be discharged, and includes,
without limiting the generality of the foregoing, dwellings, flats,
apartments, stores, shops, offices, and business or industrial establishments.
Any person vested with ownership, legal or equitable, sole
or partial of any improved property.
A discharge which exits the POTW into waters of the United
states in quantities which, alone or in conjunction with a discharge
or discharges from other sources, is a cause of a violation of any
requirements of the POTW's NPDES permit (including an increase in
the magnitude or duration of a violation).
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, government
entity, any other legal entity or any of their legal representatives,
agents or assigns. The masculine gender shall include the feminine.
The singular shall include the plural where indicated by the context.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions, expressed in grams per liter of solution.
The quantity of phosphate ion (PO4), expressed in terms of weight and concentration (milligrams per
liter) as phosphorus and determined by an analytical method outlined
in 40 CFR Part 136.
Any dredged soil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt, and industrial, municipal, and agricultural waste
discharged into water.
That portion of the POTW designed to provide treatment to
wastewater, including any improvements, enlargements, and modifications
thereto.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to, or in lieu of, discharging
or otherwise introducing such pollutants into a POTW. The reduction
or alteration can be obtained by physical, chemical, or biological
processes, or by process changes, or by other means, except as prohibited
by 40 CFR 403.6(d).
Any substantive or procedural requirement related to pretreatment
other than a National Pretreatment Standard imposed on a significant
user.
The treatment works, as defined by Section 212 of the Act
(33 U.S.C. 1292), which is owned in this instance by the Borough and
Stroud Township. This definition includes any sewers of the Borough
that convey wastewater to the POTW treatment plant, but does not include
pipes, sewers, or other conveyances not connected to a facility providing
treatment.
Any pipe or conduit constituting a part of the POTW used
or usable for sewage collection services.
Is mandatory; MAY is permissive.
Any nonresidential user of the Borough's wastewater disposal
system who has a discharge flow of 25,000 gallons or more per average
workday; or has a flow greater than 5% of the flow in the Borough's
wastewater collection and treatment system; or has in its wastes toxic
pollutants as defined pursuant to Section 307 of the Act or Pennsylvania
statutes and rules; or is found by the Borough, Pennsylvania Department
of Environmental Resources (DER), or the U.S. Environmental Protection
Agency (EPA) to have significant impact, either singly or in combination
with other contributing significant users, on the wastewater treatment
system, the quality of sludge, the system's effluent quality, or air
emissions generated by the system.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
State of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The superintendent of the wastewater treatment plant who
is charged by the Borough with certain duties and responsibilities
by this Part, or his duly authorized representative, deputy, or agent.
The total suspended matter that floats on the surface of
or is suspended in water, wastewater, or other liquids, and which
is removable by laboratory filtering.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the EPA under the
provision of CWA 307(a) or other acts.
Any person who contributes, causes, or permits the contribution
of wastewater into the POTW.
The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW. (See § 18-108 for prohibited substances.)
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems, and all other bodies or accumulation 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.
2.
Abbreviations.
The following abbreviations shall have the designated meanings:
ASTM
|
American Standard Testing Methods
| |
CFR
|
Code of Federal Regulations
| |
CWA
|
Clean Water Act
| |
DER
|
Pennsylvania Department of Environmental Resources
| |
EPA
|
U.S. Environmental Protection Agency
| |
l
|
Liter
| |
mg
|
Milligrams
| |
mg/l
|
Milligrams per liter
| |
NPDES
|
National Pollutant Discharge Elimination System
| |
O&M
|
Operation and Maintenance
| |
POTW
|
Public Owned Treatment Works
| |
SIC
|
Standard Industrial Classification
| |
SWDA
|
Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
| |
USC
|
United States Code
| |
TKN
|
Total Kjeldahl Nitrogen
| |
TSS
|
Total Suspended Solids
| |
WPCF
|
Water Pollution Control Federation
|
[Ord. 683, 11/8/1989,
§ 2]
In the event that any provision, section, sentence, clause or
part of this Part shall be held invalid, such invalidity shall not
affect or impair any remaining provision, section, sentence, clause,
or part of this Part. It is the intent of this Borough that such remainder
shall be and shall remain in full force and effect.
[Ord. 683, 11/8/1989,
§ 2]
1.
Notification. Whenever the Borough finds that any user or significant
user has violated or is violating this Part, his user permit or significant
user permit, or any prohibition, limitation of requirements contained
herein, the Borough may serve upon such person 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 or significant user.
2.
Harmful Discharges; Permit Suspensions.
A.
The Borough may suspend a user permit or a significant user permit
whenever 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, or causes interference
to the POTW, or causes the Borough to violate any condition of its
NPDES permit.
B.
Any person notified of a suspension of his permit shall immediately
stop or eliminate the discharge. Any person notified of a suspension
of his permit shall immediately stop or eliminate the discharge. In
the event of a failure of the person to comply voluntarily with the
suspension order, the Borough shall take steps as deemed necessary
to prevent or minimize damage to the POTW system or endangerment to
any individuals. The Borough shall reinstate the permit upon proof
of the elimination of the noncomplying discharge by the user or significant
user, payment of any damages, fines, penalties or costs associated
with the discharge, and the submission of a detailed written statement
describing the causes of the harmful contribution and the measures
taken to prevent any future occurrence.
3.
Revocation of Permit. Any user or significant user is subject to
revocation of a permit granted hereunder for violation of applicable
state and federal regulations, or by reason of the commission of any
of the following acts:
A.
Failure to report factually on discharge wastewater constituents
and characteristics.
B.
Failure to report significant changes in operations or wastewater
constituents and characteristics.
C.
Refusal to permit reasonable access to the premises for inspection
and monitoring.
D.
Violation of the conditions of the permit.
4.
Rights to Appeal.
A.
A user, upon receipt of notification of suspension or revocation
of a user permit or significant user permit, may appeal the decision
in writing to the Council of the Borough with a statement of reasons
therefor within 10 days of the notice.
B.
Thereafter, upon notice in writing given to the permit holder or
any agent or officer thereof at least five days prior to the time
fixed therefor, the Council of the Borough shall convene and conduct
a hearing on the propriety or lack thereof of the notice of suspension
or revocation. The cost of the stenographic transcript of such a proceeding
shall be borne by the appellant, who shall pay a filing fee of $400
per hearing session to cover the cost thereof.
C.
The findings and determinations of the Council shall be in writing
and shall be mailed to the owner or to his duly authorized representative
within 48 hours of the hearing, with a certified copy thereof to be
filed with the Borough. The determination shall be binding both upon
the Borough and all parties in interest.
D.
If the decision of the Council sustains the notice of suspension
or revocation of permit, the user shall be given 10 days' notice of
the new date of suspension or revocation by the Borough.
5.
Legal Action. If any person discharges sewage, industrial wastes,
or other wastes into the POTW or other requirements which are contrary
to the provisions of this Part, federal or state pretreatment requirements,
or any order of the Borough, or violates any other provisions of this
Part, the Borough may commence an action for appropriate legal and/or
equitable relief in a court of competent jurisdiction.
[Ord. 683, 11/8/1989,
§ 2]
1.
Fines. Any user or significant user alleged to have violated an order
of the Borough or to have failed to comply with any provision of this
Part or the orders, rules, regulations and permits issued hereunder
shall be prosecuted before a District Justice and, upon conviction
thereof, shall be subject to a fine of not more than $1,000 for each
offense. Each day on which a violation shall occur or continue to
occur shall be deemed to be a separate and distinct offense.
2.
Civil Penalties. In addition to prosecution before a District Justice as set forth in § 18-105, Subsection 1, hereof, the Borough may recover civil penalties of $1,000 per day per violation, plus damages, costs, reasonable attorneys' fees, court costs, and costs of court reporters' transcripts, as well as other expenses of litigation made necessary as the result of violations of this Part or the orders, rules, regulations, and permits issued hereunder, to be recovered in an action at law instituted by the Borough against the user or significant user alleged to have been responsible therefor.
[Ord. 683, 11/8/1989,
§ 6]
Any person who knowingly makes any false statements, representations,
or certification in any application, record, report, plan, or other
document filed or required to be maintained pursuant to this Part
or user or significant user permit, or who falsifies, tampers with,
or knowingly renders inaccurate any monitoring device or method required
under this Part shall be punished as provided by law.
[Ord. 683, 11/8/1989,
§ 2]
1.
Private Sewage System to be Approved. Where the public sanitary sewer
is not available to a building existing as of the effective date of
this Part, the building sewer shall be connected to an approved private
sewage system. Said system shall comply with the provisions of this
chapter and the requirements of the Department of Environmental Resources
and all other applicable ordinances of the Borough now in effect or
as hereafter may be enacted or amended.
2.
Connecting to Public Sewers When Becomes Available. At such time
as a public sewer becomes available to a property served by a private
sewage disposal system as provided in this section, the building sewer
shall be connected to the public sewer in compliance with the then-existing
Borough regulations and ordinances. Within 90 days from the date of
connection to the public sewer, the private sewer disposal system
shall be cleaned of sludge and filled with clean gravel.
3.
Maintenance. Any person, firm or corporation who shall use a private
sewage disposal facility as permitted by this section shall operate
and maintain the private sewage disposal facility in a sanitary manner
at all times in accordance with all state regulations. It shall be
a violation of this Part for the owner of any property to allow a
private sewage disposal system to operate improperly.
4.
System of Adjoining Municipality Available. If the sewer system of
an adjoining municipality is available, and if the Borough and adjoining
municipality execute an agreement permitting connection of Borough
properties to the sewer system, then, upon notice, the Borough properties
shall be required to connect to the system of the adjoining municipality.
[Ord. 683, 11/8/1989,
§ 2]
1.
No user or significant user shall contribute or cause to be contributed,
directly or indirectly, any pollutant or wastewater which will interfere
with the operation or performance of the POTW. These general prohibitions
apply to all such users of the POTW, whether or not the user is subject
to National Categorical Pretreatment Standards or any other national,
state, or local pretreatment standards or requirements. A user or
significant user may not contribute the following substances to the
POTW:
A.
Any liquids, solids, or gases which by reason of their nature or
quantity are or may be sufficient, either alone or by interaction
with other substances, to cause fire or explosion, or be injurious
in any other way to the POTW. At no time shall two successive readings
on an explosion hazard meter at the point of discharge into the system
(or at any point in the system) be more than 5%, nor any single reading
over 10%, of the lower explosive limit (LEL) of the meter. Prohibited
materials include, but are not limited to, gasoline, kerosene, naphtha,
benzene, toluene, xylene, ethers, alcohols, ketones, hydrides and
sulfides and any other substance determined by the Borough, the state
or the EPA to be a fire hazard or a hazard to the system.
B.
Solid or viscous substances which may cause obstruction to the flow
in a sewer or other interference with the operation of the wastewater
treatment facilities such as, but not limited to, grease, garbage
with particles greater than 1/2 inch in any dimension, animal guts
or tissues, paunch manure, bones, hair, hides, spent lime, stone or
marble dust, metal, glass, straw, shavings, grass clippings, rags,
spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt
residues, residues from refining or processing of fuel or lubricating
oil, mud, glass grinding, polishing wastes, fur, ashes, incinerator
residue, dredged spoil, solid waste, construction materials, rock,
sand, cellar dirt, feasters, wood, wax, cinders, or medical waste.
C.
Grease, oil, and sand interceptors shall be provided when, in the
opinion of the superintendent, they are necessary for the proper handling
of liquid wastes containing floatable grease in such amounts as to
cause obstruction to the flow in a sewer or other interference with
the operation of the wastewater treatment facilities, or any flammable
wastes, sand, or other harmful ingredients, except such interceptors
shall not be required for private living quarters or dwelling units.
All interceptors shall be of a type and capacity approved by the Borough
and shall be located as to be readily and easily accessible for cleaning
and inspection. In the maintaining of these interceptors, the owner(s)
shall be responsible for the proper removal and disposal by appropriate
means of the captured material and shall maintain records of the dates
and means of disposal, which are subject to review by the superintendent
and the Borough. Any removal and hauling of the collected materials
not performed by owner's (owners') personnel must be performed by
currently licensed waste-disposal firms.
D.
Any wastewater having a pH less than 5.0, unless the POTW is specifically
designed to accommodate such wastewater, or wastewater having any
other corrosive property capable of causing damage or hazard to structures,
equipment, and/or personnel of the POTW.
E.
Any wastewater containing toxic pollutants in sufficient quantity,
either singly or by interaction with other pollutants, to injure,
to interfere with any wastewater treatment process, to constitute
a hazard to humans or animals, to create a toxic effect in the receiving
waters or the POTW, or to exceed the limitation set forth in a Categorical
Pretreatment Standard. A toxic pollutant shall include, but not be
limited to, any pollutant identified pursuant to Section 307(a) of
the Act.
F.
Any noxious or malodorous liquids, gases, or solids which either
singly or by interaction with other wastes are sufficient to create
a public nuisance or hazard to life, or are sufficient to prevent
entry into the sewers for maintenance and repair.
G.
Any substance which may cause the POTW's effluent or any other product
of the POTW, such as residues, sludges, or scums, to be unsuitable
for reclamation and reuse, or to interfere with the reclamation process.
In no case shall a substance discharged to the POTW cause the POTW
to be in noncompliance with sludge use or disposal criteria, guidelines,
or regulations developed under Section 405 of the Act; any criteria,
guidelines, or regulations affecting sludge use or disposal developed
pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic
Substance Control Act, or state criteria applicable to the sludge
management method being used.
H.
Any substance which will cause the POTW to violate its NPDES permit
or the water quality standards of the receiving water.
I.
Any wastewater with an objectionable color not removed in a treatment
process such as, but not limited to, dye wastes and vegetable tanning
solutions.
J.
Any wastewater having a temperature which will inhibit biological
activity in the POTW treatment plant resulting in interference, but
in no case wastewater with a temperature at the introduction into
the POTW which exceeds 40° C. (104°), unless the POTW treatment
plant is designed to accommodate such temperature.
K.
Any pollutants, including oxygen demanding pollutants (BOD, COD,
etc.), released at a flow rate and/or pollutant concentrations which
will cause interference to the POTW. In no case shall a sludge load
have a flow rate or contain concentrations or quantities of pollutants
that exceed for any time period longer than 15 minutes more than five
times the average twenty-four-hour concentration, quantities, or flow
during normal operation.
L.
Any wastewater containing any radioactive wastes or isotopes of such
half-life or concentration as may exceed limits established by the
Superintendent in compliance with applicable state or federal regulations.
M.
Any wastewater which causes a hazard to human life or creates a public
nuisance.
N.
Stormwater, groundwater, roof runoff, subsurface drainage or cooling
water.
O.
No person shall dispose or dump septage into the POTW without written
permission of the Borough.
2.
When the Borough determines that a user or significant user is contributing
to the POTW any of the above enumerated substances in such amounts
as to interfere with the operation of the POTW, the Borough shall
advise the user of the impact of such contribution on the POTW, and
develop effluent limitations for such user to correct the interference
with the POTW.
[Ord. 683, 11/8/1989,
§ 2]
1.
Federal Categorical Pretreatment Standards. Upon the promulgation
of the Federal Categorical Pretreatment Standard under Section 307
of the Clean Water Act for a particular industrial subcategory, the
federal standard, if more stringent than limitations imposed under
this Part for sources in that subcategory, shall control; and the
Borough shall be responsible to notify all affected users or significant
users of the applicable reporting requirements under 40 CFR 403.12.
Each significant user shall be responsible to notify the Borough of
changes to his status under the federal, state, or local regulations.
2.
Modification of Federal Categorical Pretreatment Standards. Where
the POTW treatment plant achieves consistent removal of pollutants
limited by Federal Pretreatment Standards, the Borough may apply to
the approval authority for modifications of specific limits in the
Federal Pretreatment Standards. "Consistent removal" shall mean the
reduction in the amount of a pollutant or alteration of the nature
of the pollutant by the POTW treatment plant to a less toxic or harmless
state in the effluent which is achieved by the system in 95% of the
samples taken when measured according to the procedures set forth
in Section 403.7(c)(2) of Title 40 of the Code of Federal Regulations,
Part 403, General Pretreatment Regulations for Existing and New Sources
of Pollution, promulgated pursuant to the Act. If the requirements
contained in 40 CFR Part 403, 403.7, are fulfilled and prior approval
from the approval authority is obtained, the Borough may then modify
pollutant discharge limits in the Federal Pretreatment Standards.
3.
Specific Pollutant Limitations.
A.
No person shall discharge wastewater containing in excess of:
Parameter
|
Max. Conc. from Industrial Connections to POTW
(mg/l)
|
---|---|
Antimony
|
5.0
|
Arsenic
|
0.1
|
Barium
|
4.0
|
Boron
|
1.0
|
Cadmium
|
0.05
|
Chromium (hexavalent)
|
0.1
|
Chromium (trivalent)
|
1.0
|
Copper
|
1.0
|
Cyanide, total
|
0.2
|
Iron
|
5.0
|
Lead
|
0.1
|
Manganese
|
1.0
|
Mercury
|
0.01
|
Nickel
|
1.0
|
Total phenolics
|
0.5
|
Selenium
|
0.04
|
Silver
|
0.1
|
Tin
|
3.0
|
Vanadium
|
3.0
|
Zinc
|
1.0
|
Total toxic organics
|
1.0
|
Any single toxic organic
|
0.5
|
B.
These are end-of-lateral concentrations in the wastewater stream
that exist after all process and sanitary waste streams connected
to the industry's wastewater collection system have mixed completely.
The concentrations represent state-of-the-art for local limits that
will assure protection of the wastewater treatment process. The end-of-lateral
concentrations are generally lower than Categorical Pretreatment Standards
which apply to concentrations measured at the end of the manufacturing
process.
C.
Where Categorical Pretreatment Standards are available, § 403.6
of the General Pretreatment Regulations provides a formula for calculation
of an alternate value for the specific pollutant concentration limit
based on combined waste strength. This formula will be applied to
the wastewater stream, including domestic sewage flows and other applicable
flows, to calculate an end-of-lateral concentration. The calculated
concentration and the concentration based on local limits will be
compared and the lower of the two limits will be applied in the permit
for the industrial discharge.
D.
All wastewater entering the Borough's collection system shall be
pretreated to normal domestic levels unless otherwise stated in writing
by the Borough by way of the significant user permit. These levels
shall be:
BOD5
|
—
|
250 mg/l
|
Suspended Solids
|
—
|
250 mg/l
|
Ammonia Nitrogen
|
—
|
25 mg/l as N
|
TKN
|
—
|
40 mg/l as N
|
Phosphate
|
—
|
10 mg/l as P
|
4.
State Requirements. State requirements and limitations on discharges
shall apply in any case where they are more stringent than federal
requirements and limitations, or those in this Part.
6.
Excessive Discharge. No significant user shall ever increase the
use of process water or in any way attempt to dilute a discharge as
a partial or complete substitute for adequate treatment to achieve
compliance with the limitations contained in the Federal Categorical
Pretreatment Standards, or with any other pollutant-specific limitation
developed by the Borough, state, or federal agencies.
7.
Accidental Discharge. Each significant user shall provide protection
from accidental discharge of prohibited materials or other substances
regulated by this Part. Facilities to prevent accidental discharge
of prohibited materials shall be provided and maintained at the significant
user's own cost and expense. Detailed plans showing facilities and
operating procedures to provide this protection shall be submitted
to the Borough and shall be approved by the Borough before construction
of the facility. All existing significant users shall complete such
a plan prior to being issued a permit. No significant user who commences
contribution to the POTW after the effective date of this Part shall
be permitted to introduce pollutants into the system until his accidental
discharge procedures have been approved by the Borough. Review and
approval of such plans and operating procedures shall not relieve
the significant user from the responsibility to modify his facility,
as necessary, to meet the requirements of this Part. In the case of
an accidental discharge, it is the responsibility of the significant
user to immediately telephone and notify the Borough of the incident.
The notification shall include location of discharge, type of waste,
concentration and volume, and corrective actions.
8.
Written Report. Within five days following an accidental discharge,
the significant user shall submit to the Borough a detailed written
report describing the cause of the discharge and the measures to be
taken to mitigate any expense, loss, damage, or other liability which
may be incurred as a result of damage to the POTW or aquatic life
or any other damage to person or property. Such report shall not relieve
the user or significant user of any fines, civil penalties, or other
liability which may be imposed by this Part or other applicable law.
9.
Notice to Employees. A notice shall be permanently posted on the
significant user's bulletin board or other prominent place advising
employees whom to call in the event of a dangerous discharge. Employers
shall ensure that all employees who may cause or suffer such a dangerous
discharge to occur are advised of the emergency notification procedures.
[Ord. 683, 11/8/1989,
§ 2]
1.
It is the purpose of this section to provide for the recovery of
costs from significant users of the POTW for the implementation of
the program established herein. The applicable charges or fees shall
be established by resolution of Borough Council.
2.
The Borough may adopt charges and fees, which may include:
A.
Fees for reimbursement of the costs of setting up and operating the
Borough's pretreatment program.
B.
Fees for monitoring, inspections, and surveillance procedures.
C.
Fees for reviewing accidental discharge procedures and construction.
D.
Fees for permit applications.
E.
Fees for filing appeals.
F.
Fees for consistent removal by the Borough of pollutants otherwise
subject to Federal Pretreatment Standards.
G.
Other fees the Borough may deem necessary to carry out the requirements
contained herein.
3.
These fees relate solely to the matters covered by this Part and
are separate from all other fees chargeable by the Borough.
[Ord. 683, 11/8/1989,
§ 2]
1.
Council Approval Required.
A.
Effective immediately, no premises outside the Borough of Stroudsburg,
not already connected, will be permitted to connect into the sanitary
sewage system of said Borough without first obtaining the approval
of Borough Council. This restriction shall not apply to individual
properties in areas of adjoining municipalities served by a sanitary
sewerage system subject to an agreement by and between Stroudsburg
Borough and the adjoining municipality.
B.
In the event any municipality adjoining the Borough of Stroudsburg
shall construct its own sanitary sewage system, and the adjoining
municipalities sewage system will service the properties connected
to the POTW, then and in that event each and every property owner
situate in said adjoining municipality but serviced by the Borough
of Stroudsburg sanitary sewage system shall be disconnected from the
Borough sewage system and connected into the sewage system constructed
in the municipality in which the premises are situate, unless the
Borough and the adjoining municipality mutually agree to the contrary.
2.
Properties on Municipal Boundaries. Any town- or row houses, garden
apartments, low-rise apartments, hotels or motels, or any other type
of multi-type buildings which are or will be constructed of which
any portion is located within the boundaries of the Borough of Stroudsburg
and the remaining portion is located in an adjoining municipality,
only that portion of the building constructed within the Borough boundaries
will connect into the sanitary sewage system of the Borough of Stroudsburg.
3.
Council to Establish Connection, User Permit Fees. Notwithstanding the foregoing, in the event Borough Council grants approval to connect a premises outside the Borough into the Borough sanitary sewer system, the Council shall establish connection fees and such other fees as it deems appropriate in its sound discretion. Subsections 1 and 2 hereof shall not apply where approval is granted to connect a premises outside the Borough.
[Ord. 683, 11/8/1989,
§ 2]
All moneys received by the Borough from the collection of the
sewer rentals and all penalties thereon, connection fees and all other
charges which may be levied by this Part shall be segregated and kept
separate and apart from all other funds of the Borough and shall be
used only for the purpose of defraying the expenses of the Borough
in the administration, operation, maintenance, repair, alteration,
improvement, expansion, inspection, depreciation or other expenses
in relation to the sewer system and for such debt service payments
as the Borough may be required to make.