The Borough reserves the right to refuse permission to connect to the sewer system, to compel discontinuance of use of the sewer system or to compel pretreatment of wastewaters by any nonresidential establishment (commercial or industrial) in order to prevent discharges deemed harmful or to have a deleterious effect upon any portion of the sewer system. All nonresidential establishments shall be governed by the rules and regulations contained in this chapter.
A. 
All sewage and authorized industrial waste may be discharged to the sewer system except those which are deemed harmful to the system or are specifically prohibited by this chapter.
B. 
No user shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water, drainage from tile fields or unpolluted process waters to any sanitary sewer.
C. 
No 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 sewage treatment plant or pass through the sewage treatment plant. These general prohibitions apply to all such users of the sewer system whether or not the user is subject to National Categorical Pretreatment Standards or any other national, state or local pretreatment standards or requirements.
D. 
Except as otherwise provided in this chapter, no user shall discharge or cause to be discharged to the sewer system any sewage, industrial waste, nondomestic waste or other matter or substance:
(1) 
Having a temperature which will inhibit biological activity in the sewage treatment plant resulting in interference, but in no case shall wastewater at the introduction into the sewer system cause the temperature of the influent of the treatment plant to exceed 104° F. (40° C.) or be less than 32° F.
(2) 
Containing any liquids, solids or gases which, by reason of their nature or quantity, are or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the sewer system or to the operation of the sewage treatment plant. At no time shall two successive readings on any 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 or having a closed cup flash point of less than 140° F. Prohibited materials include but are not limited to gasoline, fuel oil, kerosene, naphtha, benzene, toluene, xylene, paint products, ethers, alcohols, ketones, aldehydes and peroxides; strong acids, bases or oxidizers; chlorates, perchlorates, bromates, carbides, hydrides and sulfides; and any other substances which are a fire hazard or a hazard to the sewer system.
(3) 
Containing unground garbage with particles greater than 1/2 inch in any dimension.
(4) 
Containing or reacting to form solid or viscous substances or which may cause obstruction to the flow in a sewer or other interference with the operation of the sewage treatment plant, such as, but not limited to, ashes, cinders, spent lime, stone, dust, sand, mud, straw, shavings, metals, glass, rags, grass clippings, feathers, tar, plastics, wood, whole blood, paunch manure, bentonite, lye, building materials, rubber, asphalt residues, hairs, bones, leather, porcelain, china, ceramic wastes, polishing wastes, hydrolyzed fats, glass grinding or other solid or viscous substances capable of causing obstruction or other interference with the operation of the sewer system.
(5) 
Having a pH, stabilized, lower than 6.5 or greater than 11.00, or having any corrosive or scale-forming property capable of causing damage or hazard to the structures, equipment, bacterial action or personnel of the wastewater treatment plant or Borough.
(6) 
Containing toxic or poisonous pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the sewage treatment plant or to exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Act.
(7) 
Containing any noxious or malodorous liquids, gases or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.
(8) 
Containing dye or other substance from any source that will degrade the sewage treatment plant effluent from the equivalent of that produced by alum coagulation and chlorination to remove suspended or colloidal matter and bleach the dissolved dyes or like substances.
(9) 
Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through.
(10) 
Containing radioactive substances and/or isotopes of such half-life or concentration as may exceed limits in compliance with applicable state or federal regulations.
(11) 
Containing discharges that result in toxic gases, fumes or vapors in quantities capable of causing workers' health or safety problems.
(12) 
Prohibited by regulation or permit issued by the Commonwealth of Pennsylvania, the Environmental Protection Agency or any other government agency.
(13) 
Containing any substance which will cause the sewage treatment plant to violate its NPDES and/or state permit or the receiving water quality standards.
(14) 
Containing any substance which may cause the sewage treatment plant's effluent or any other product of the sewage treatment plant, such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the sewer system cause the sewage treatment plant to be in noncompliance with recognized sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act or any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or state criteria applicable to the sludge management method being used.
(15) 
Containing wastes which are not amenable to biological treatment or reduction in existing treatment facilities, including but not limited to nonbiodegradable complex carbon compounds.
(16) 
Containing any organic compounds of endrin, lindane, methoxychlor, toxaphene, dichlorophenoxyacetic acid, trichlorophenoxprophonic acid or other herbicides, pesticides or rodenticides.
(17) 
Causing a hazard to human life or public nuisance.
(18) 
Containing pollutants, including oxygen-demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which will cause interference to the sewage treatment plant.
(19) 
Containing fats, oils and grease at a concentration which will cause interference to the sewage treatment plant. Concentrations discharged over 100 mg/L shall be surcharged according to § 326-4.
(20) 
Containing solids of such character and quantity that special and unusual attention is required for their handling.
(21) 
Trucked or hauled pollutants, except at discharge points designated by the Borough Manager in accordance with this chapter.
E. 
If such amounts of any waters or wastes are discharged or are proposed to be discharged to the sewer system, which waters contain the substances or possess the characteristics enumerated in this section or which, in the judgment of the Borough, may have a deleterious effect upon the sewer system or receiving waters, the Borough may, upon giving official notice to the discharger:
(1) 
Reject the waste.
(2) 
Require pretreatment to reduce characteristics to maximum limits permitted by this chapter, the local industrial limits or any other applicable rules or law. Where necessary, in the opinion of the Borough, the Borough may require the user of an industrial establishment to provide, at the sole expense of the user, facilities for pretreatment of industrial wastes as may be necessary to reduce objectionable characteristics or constituents of such industrial waste. Plans, specifications and any other pertinent information relating to the pretreatment facilities shall be submitted to the Borough, in writing, prior to construction of such facilities.
(3) 
Require the user to install and maintain, at their own expense, a suitable storage and flow control facility to restrict the quantities and rates of discharge.
(4) 
Require immediate discontinuance of the waste discharge until such time as it meets the requirements of this section.
(5) 
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 chapter.
(6) 
Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
F. 
Grease, oil and sand interceptors or traps shall be provided in restaurants, food preparation facilities, commercial kitchens, vehicle and equipment repair shops, machine shops, swimming pools or water treatment facilities whose discharge would exceed, in the opinion of the Borough, the limitations established in the local limits. All interceptors or traps shall be of a type and capacity acceptable to the Borough and shall be located as to be readily and easily accessible for cleaning and inspection.
G. 
The use of mechanical garbage grinders producing a finely divided mass, properly divided mass and properly flushed with an ample amount of water shall be permitted upon the condition that no such mechanical garbage grinder to serve premises used for commercial purposes shall be installed until permission for such installation shall have been obtained from the Borough.
H. 
Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense and shall be accessible to the Borough for inspection and testing.
Upon the promulgation of the National Categorical Pretreatment Standards for a particular industrial subcategory, the national standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter. The categorical pretreatment standards found in 40 CFR Chapter I, Subchapter N, Parts 405 through 471, are hereby incorporated.
The Borough may revise pretreatment standards as required to maintain compliance with local, state and federal treatment standards.
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 chapter.
The Borough reserves the right to establish, by ordinance or individual wastewater discharge permits, more stringent standards or requirements on discharges to the sewer system if deemed necessary to comply with the objectives of this chapter.
No user shall ever increase the use of process water or other waters or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limit unless expressly authorized by an applicable pretreatment standard or requirement, or any other pollutant-specific limitations developed by the Borough or state [40 CFR 403.6(d)]. The Borough Manager may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.
A. 
Spill prevention. Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this Borough. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Borough for review and comment before construction of the facility. All existing users shall complete such a plan within six months of the effective date of this chapter. No user who commences contribution to the sewer system after the effective date of this chapter shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the Borough. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter in the case of an accidental or slug discharge. It is the responsibility of the user to immediately notify the Borough, by telephone, of the incident; notification shall occur not more than 24 hours from the time of the incident. The notification shall include the location of the discharge, the type of waste discharged, the concentration and volume of the waste and any corrective measures taken by the user. The user shall also provide written notification to the Borough within five days of such accidental discharge of prohibited materials or other substances regulated by this Borough. Written notification shall contain the same information as required for the verbal notification. The Borough Manager shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The Borough Manager may require any user to develop, submit for approval and implement such a plan or take such other action that may be necessary to control slug discharges. Alternatively, the Borough Manager may develop such a plan for any user.
B. 
Slug control and other discharges. Each significant industrial user shall submit a plan to the Borough to control slug discharges and/or any other discharges that could cause interference, operating upsets, hazards to workers or any other operating or treatment problems.
(1) 
At a minimum, the accidental discharge/slug discharge control plan shall include the following elements:
(a) 
A description of the discharge practices, including nonroutine batch discharges.
(b) 
A description of chemicals stored on the premises.
(c) 
Procedures for immediately notifying the Borough POTW of slug discharges, including any discharge which would be in violation of the prohibitions contained in § 326-31 of this chapter, with procedures for follow-up notification of the Borough, in writing, to the POTW.
(d) 
If required, procedures to prevent adverse impact from accidental spill or slug discharge, including inspection and maintenance of storage areas for chemicals, handling and transfer of materials, loading and unloading operations, control of plant site runoff, employee training, construction of containment structures for equipment, measures for containing toxic organic pollutants, including solvents, and measures and equipment for emergency response.
(2) 
The significant industrial users are required to notify the Borough immediately of any changes at its facility affecting potential for a slug discharge.
A. 
In the case of any discharge, including but not limited to accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, that might 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.
B. 
Within five days following an accidental discharge, the user shall submit to the Borough a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the sewer system, fish kills or any other damage to person or property, nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this article or other applicable law.
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer from such a dangerous discharge are advised of the emergency notification procedure.
All nondomestic users shall notify the Borough of discharge of listed or characteristic hazardous wastes.
Filter backwash lines shall be discharged to the sewer system as follows:
A. 
Sand filter backwash shall be discharged to the sewer system.
B. 
Diatomaceous earth filter backwash shall be connected to the sewer system through settling tanks with three months' storage capacity of spent diatomaceous earth, which tanks shall be readily accessible for removing solid waste for disposal.
A. 
Any waste to be discharged from tank trucks or rail cars shall be disposed at the location designated at the sewage treatment plant at the time or times and at a rate or rates of discharge fixed by the Borough.
B. 
The wastes discharged by the tank trucks or rail cars into the sewer system shall not contain industrial waste, chemicals or other matter, with or without pretreatment, that does not conform to the requirements of Article IV of this chapter. Conformity with Article IV of this chapter is to be determined by the Borough.
A. 
Disposal of waste.
(1) 
The POTW may accept wastes transported to the facility, subject to the POTW inspecting and agreeing to accept said waste.
(2) 
Waste may be discharged only at a manhole or location with the treatment plant designated by the Borough.
(3) 
Discharge shall take place only during the normal hours of operation of the WWTP, unless prior written permission shall have been granted by the Borough Manager at the WWTP.
B. 
Hazardous waste. No waste classified as hazardous under Section 1004 of the Resource Conservation and Recovery Act shall be accepted into the collection system or the WWTP.
C. 
Permits.
(1) 
Each waste hauler shall have a permit issued by the Borough or its agent or designees.
(2) 
Each waste hauler shall pay a fee according to the current fee policy adopted from time to time by resolution of the Borough Council of the Borough of Spring Grove.
D. 
Inspection.
(1) 
Prior to the discharge of waste into the collection system of the WWTP, the personnel of the Borough of Spring Grove shall be provided with a copy of the waste manifest, identifying the source of the waste.
(2) 
Prior to the discharge of waste into the collection system or the WWTP, the personnel of the WWTP shall have the right to inspect each load for an analysis of pH, BOD5, oil, grease and such other pollutants as it shall deem necessary.
(3) 
No waste hauler shall discharge any waste having characteristics as indicated by 40 CFR 403.5(b) and § 326-31 or explosive or corrosive properties.
(4) 
The cost of all tests and analysis required by the Borough and other related costs and expenses of the Borough shall be borne by the waste hauler.
A. 
Industrial pretreatment program (IPP) implementation. Users located within and outside of the Borough of Spring Grove using the Borough's treatment system shall abide by the rules, regulations and policies governed by the industrial pretreatment program. The IPP shows the procedures that will be used by the Borough to control nondomestic wastewater discharge. This program will be implemented to control users by issuing sewer use permits, monitoring of the wastewater discharge from the industries by sampling and analysis, requiring users to submit self-monitoring and other required reports and by enforcing all local, state and federal laws.
B. 
General. Users shall design, construct, operate and maintain at their own expense wastewater pretreatment facilities whenever necessary to reduce or modify the user's wastewater to achieve compliance with this chapter, national pretreatment standards, any condition or limitation contained in the user's sewer use permit or any sludge limitation imposed by federal, state or local authorities. The review or approval of pretreatment facility plans, specifications and operating procedures by the Borough or its consulting engineer shall not excuse or mitigate any violations by the user of this chapter or any federal, state or local requirements.
C. 
Maintenance. When pretreatment facilities are provided, they shall be maintained continuously in satisfactory and effective operation by the user at his own expense and shall be subject to periodic inspection by the Borough.
D. 
Damage liability. The person producing and/or introducing the waste shall be liable for all damages, increased costs of treatment or maintenance directly attributable to such waste.
E. 
Disposal of sludges. Sludges, floats, oils, etc., generated by nondomestic users must be contained and transported in a safe manner as prescribed by the rules of regulatory agencies, including but not limited to the United States Department of Transportation, and handled by reputable persons who shall dispose of all such wastes in accordance with all federal, state and local regulations. The owner of such sludges, floats, oils, etc., shall keep records and receipts needed to demonstrate proper disposal for review by the Borough upon request.
A. 
Wastewater discharges. It shall be unlawful for the owner of an improved property or any other user to discharge to the sewer system any nondomestic wastewater without first obtaining a sewer use permit, except as authorized by the Borough in accordance with the provisions of this chapter. All users discharging to the sewer system must also submit all required reports (e.g., baseline, ninety-day compliance, self-monitoring) to the Borough as required by local, state and federal laws.
(1) 
Signatory requirements and certification. All applications, permits, reports, etc., shall contain a statement that certifies that the information contained is true, accurate and complete, to be signed by the authorized representative of the user.
(a) 
The following certification statement shall be used:
"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."
(b) 
If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this section must be submitted to the Borough Manager prior to or together with any reports to be signed by an authorized representative.
(2) 
Sewer use permits. All nondomestic users proposing to connect to or to contribute to the sewer system shall obtain sewer use permits before connecting to or contributing to the sewer system. All existing significant users that do not already have a permit are required to obtain a sewer use permit within 90 days of the effective date of the chapter.
(3) 
Permit application. Users required to obtain a sewer use permit shall complete and file with the Borough an application in the form prescribed by the Borough and accompanied by a fee in the amount specified by the current fee schedule. New users shall apply at least 90 days prior to connecting to or contributing to the sewer system. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
(a) 
The name, address and location of the facility, if different from the mailing address, with the name and mailing address of operator(s) and/or owner(s), contact information, description of activities, facilities and plant production process.
(b) 
The SIC number according to the Standard Industrial Classification Manual, Bureau of Budget, 1972, as amended.
(c) 
Wastewater constituents and characteristics, including but not limited to those mentioned in § 326-31 of this chapter, as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136, as amended.
(d) 
The time and duration of contribution.
(e) 
Average daily and maximum daily flows, thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any.
(f) 
The location for monitoring all wastes covered by the permit.
(g) 
Site plans, floor plans, mechanical and plumbing plans, spill prevention and containment and details to show all sewers, sewer connections and appurtenances by the size, location and elevation.
(h) 
Types of wastes generated, and 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 sewer system.
(i) 
A description of activities, facilities and plant processes on the premises, including all material which is or could be discharged.
(j) 
The nature and concentration of any pollutants in the discharge which are limited by any Borough, state or national pretreatment standards and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards. Any O&M statement submitted to meet applicable pretreatment standards must be certified by a certified engineer.
(k) 
Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
(l) 
Any other information as may be deemed necessary by the Borough Manager to evaluate the permit application.
(m) 
If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:
[1] 
The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).
[2] 
No increments referred to in Subsection A(3)(m)[1] shall exceed nine months.
[3] 
Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Borough, including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Borough.
(n) 
Each product produced by type, amount, process or processes and rate of production.
(o) 
The type and amount of raw materials processed (average and maximum per day).
(p) 
The number and type of employees and hours of operation of the plant and proposed or actual hours of operation of the pretreatment system.
(q) 
Any other information that may be deemed by the Borough to be necessary to evaluate the permit application.
(r) 
A list of all environmental control permits held by or for the facility (e.g., air quality, solid waste, etc.).
B. 
The Borough will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Borough may issue a sewer use permit subject to terms and conditions provided herein.
The Borough Manager may modify an individual wastewater discharge permit for good cause, including but not limited to the following reasons:
A. 
To incorporate any new or revised federal, state or local pretreatment standards or requirements;
B. 
To address significant alterations or additions to the user's operation, processes or wastewater volume or character since the time of the individual wastewater discharge permit issuance;
C. 
A change in the sewer system that requires either a temporary or permanent reduction or elimination of the authorized discharge;
D. 
Information indicating that the permitted discharge poses a threat to the Borough's POTW, Borough personnel, treatment plant sludge disposal or the receiving waters;
E. 
Violation of any terms or conditions of the individual wastewater discharge permit;
F. 
Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
G. 
Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
H. 
To correct typographical or other errors in the individual wastewater discharge permit; or
I. 
To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with § 326-49.
A. 
Sewer use permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the Borough. Permits must contain the following:
(1) 
The unit charge or schedule of user charges and fees for the wastewater to be discharged to the sewer system.
(2) 
Discharge limits based on applicable general pretreatment standards listed in 40 CFR Part 403, Borough design standards, categorical pretreatment standards, local discharge limits and state and local law.
(3) 
Effluent limits, including BMPs, based on applicable pretreatment standards.
(4) 
Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.
(5) 
Requirements to control slug discharge, if determined by the Borough to be necessary.
(6) 
Requirements for installation and maintenance of inspection and sampling facilities, including flow measurement devices.
(7) 
Self-monitoring, sampling, reporting, notification and recordkeeping requirements with specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule.
(8) 
Compliance schedules.
(9) 
Requirements for submission of technical reports, discharge reports or baseline monitoring reports.
(10) 
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Borough and affording Borough access to review and copy thereof. Records shall be maintained by the permittee for a period of not less than three years. The three-year period shall be extended upon request or during litigation.
(11) 
Requirements for notification of the Borough for any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the sewer system.
(12) 
Requirements for notification of slug discharges and any discharges at the facility that affect the potential for slug discharge.
(13) 
Other conditions as deemed appropriate by the Borough to ensure compliance with this chapter.
(14) 
A statement that indicates the wastewater discharge permit is nontransferable without prior notification to the Borough, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.
(15) 
A statement of applicable civil and criminal 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.
B. 
Failure to comply with any pretreatment standards and requirements, compliance schedules or any other terms or conditions of the sewer use permit shall be subject to enforcement actions as described in § 326-58, Enforcement actions, of this chapter.
C. 
Permits shall contain a statement of duration as described in § 326-48 and a statement of nontransferability as described in § 326-49.
D. 
The permittee may be subject to applicable civil and criminal penalties as described in § 326-59F and G.
Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period of less than one year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user'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 limitations or requirements as identified in § 326-45A(3) are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
A. 
Sewer use permits are issued to a specific user for a specific operation. A sewer use permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without prior written notice to the Borough and the approval of the Borough. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit. The notice to the Borough must include a written certification by the new owner or operator which:
(1) 
States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
(2) 
Identifies the specific date on which the transfer is to occur; and
(3) 
Acknowledges full responsibility for complying with the existing individual wastewater discharge permit.
B. 
Failure to provide advance notice of a transfer renders the individual wastewater discharge permit void as of the date of facility transfer.
Any owner of an improved property who is discharging nondomestic waste into the sewer system and who contemplates a change in the method of operation or in the pretreatment facilities which will alter the type of nondomestic waste then being discharged into the sewer system shall apply for a new sewer use permit at least 30 days prior to such change. The revised sewer use permit will be subject to a fee. Approval or disapproval of a modified permit shall be regulated by the procedures established hereunder to the issuance of an original permit.
The Borough and all users shall maintain a permanent file in which copies of all sewer use permits, revisions thereto and supporting data will be filed for reference.
A. 
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 industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the Borough Manager a report which contains the information listed in § 326-45A, above, and information on compliance with any applicable BMPs. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the Borough Manager a report which contains the information listed in § 326-45A, above. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
B. 
Compliance date report. Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all National Categorical Pretreatment Standards within the time limitations as specified by the national pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the Borough shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Borough for review before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Borough under the provisions of this chapter.
C. 
Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the sewer system, any user subject to pretreatment standards and requirements shall submit to the Borough a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements and information on compliance with any applicable BMPs. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the user and certified to by a qualified professional.
A. 
Each significant industrial user and any user subject to a national pretreatment standard, after the compliance date of such national pretreatment standard, or, in the case of a new source, after commencement of the discharge into the sewer system, shall submit to the Borough, 10 days prior to the first day of June and December, unless required more frequently in the national pretreatment standards, a report indicating the nature and concentration of pollutants in the effluent and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a BMP or pollution prevention alternative, the user must submit documentation required by the Borough or the pretreatment standard necessary to determine the compliance status of the user. This report shall specifically contain, but not necessarily be limited to, concentration levels of those pollutants which are limited by the user's pretreatment standards. If requested by the user, the Borough may perform the required analyses and will bill the user accordingly. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow reported according to § 326-45A(3) of this chapter. At the discretion of the Borough and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Borough may agree to alter the months during which the above reports are to be submitted.
B. 
The Borough may impose mass limitations on users regulated by concentration based on national pretreatment standards, local industrial pretreatment limits, treatment plant design limits or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection A of this section shall indicate the mass of pollutants regulated by national pretreatment standards or the local industrial pretreatment limits in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Borough, of pollutants contained therein which are limited by the applicable national pretreatment standard or local industrial pretreatment limits. All sampling and analysis shall be performed in accordance with procedures established by the Environmental Protection Agency pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136, and amendments thereto. Where 40 CFR Part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April 1977, and amendments thereto. All samples collected shall be representative of the conditions occurring during the reporting period. In the case of any discharge that might cause potential problems for the POTW, the user shall immediately notify the Borough of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, and corrective actions taken by the user. SIUs are required to notify the Borough immediately of any discharges at its facility affecting the potential for a slug discharge.
C. 
One-time notification; exemption.
(1) 
Consistent with 40 CFR 403.12(p), all industrial users shall submit to the Director, Regional Waste Management Division, Environmental Protection Agency, the Commonwealth of Pennsylvania, hazardous waste authorities, and the Borough of Spring Grove, a one-time notification, in writing, of any discharge to the sewer system of a substance which, if otherwise disposed of, would be a hazardous waste as defined in 40 CFR Part 261.
(2) 
Any user exempt from the hazardous waste reporting requirements shall notify the Borough of Spring Grove, in writing, that the discharge from their facility to the sewer system does not meet the criteria of hazardous waste as defined in 40 CFR Part 261.
(3) 
The user shall notify the Borough if any changes are made, after the submission of the one-time notification, to the user's discharge relating to the discharge of hazardous waste. Such notification shall include all information required in 40 CFR 403.12(p).
(4) 
Any user required to submit a hazardous waste notification shall also be required to provide a written certification that it has a plan in effect to reduce the volume and toxicity of wastes generated at the facility. Such plan shall be submitted to the Borough to be part of the user's industrial pretreatment files.
A. 
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.
B. 
Any user whose property is serviced by a lateral carrying nondomestic waste shall install at his expense a suitable control manhole together with such necessary meters and other appurtenances in the building or lateral sewer to facilitate observation sampling and measurement of the waste. The monitoring facility should normally be situated on the user's premises, but the Borough may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. 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. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the Borough's requirements and all applicable local construction standards and specifications.
C. 
Persons or occupants of premises connected to the sewer system shall provide the Borough and its representatives and agents bearing proper credentials and identification the opportunity of access at any time to any part of any improved property served by the sewer system as shall be required for purposes of inspection, measurement, sampling, testing and examination and/or copying of records, for ascertainment of whether the purpose of this chapter is being met and all requirements are being complied with, and for performance of other functions relating to service rendered by the Borough. The Borough, the Pennsylvania Department of Environmental Protection and the United States EPA 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 security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that, upon presentation of suitable identification, personnel from the Borough, the Department of Environmental Protection and the United States EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
D. 
All measurements, tests and analysis of the characteristics of waters and wastes to which reference is made in this chapter shall be determined using methodologies prescribed in 40 CFR Part 136 or approved by the PADEP and United States EPA for the analysis of water and waste and shall be determined by or under the direct supervision of a qualified analyst at the control manhole provided or upon suitable samples taken at such control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be that downstream manhole in the public sewer that is nearest to the point at which the lateral is connected. The control manhole shall contain only the wastewater of the industry being monitored and no flows from other sources. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. The particular analyses involved will determine whether a time composite, flow composite or grab of all outfalls of a premises is appropriate.
E. 
Samples collected to satisfy reporting requirements must be based on data obtained through sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.
(1) 
Except as indicated in Subsections E(2) and (3) below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Borough Manager. Where time-proportional composite sampling or grab sampling is authorized by the Borough, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols and sulfides, the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Borough, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
(2) 
Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides and volatile organic compounds must be obtained using grab collection techniques.
(3) 
For sampling required in support of baseline monitoring and ninety-day compliance reports required in § 326-52A and C [40 CFR 403.12(b) and (d)], a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Borough Manager may authorize a lower minimum. For the reports required by § 326-53A [40 CFR 403.12(e)], the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.
F. 
Any sample which exceeds the discharge limits set forth in the sewer use permit shall constitute a violation of that permit. The permittee shall be responsible for collection and retesting of a second sample, within 30 days of the date the initial sample was taken. A violation of the sewer use permit shall continue from the date of the initial sample showing the violation until the permittee demonstrates compliance with the sewer use permit. Any additional monitoring performed by the permittee, or the Borough, in addition to the required monitoring, must be reported as part of the discharge monitoring reports submitted to the Borough.
G. 
The costs of all sampling, testing, inspection and other monitoring activities shall be borne by the respective user. The Borough will sample and analyze the discharge of each user holding a sewer use permit a minimum of once per year. The fees for such sampling and analysis will be billed to and shall be paid by the user.
H. 
Both the users and the Borough shall maintain records of all information resulting from any monitoring activities relating to compliance with this chapter and documentation associated with best management practices for a period of three years.
(1) 
Such records shall include for all samples:
(a) 
The date, exact place, method and time of sampling and the names of the person or persons taking the samples;
(b) 
The dates analyses were performed;
(c) 
Who performed the analyses;
(d) 
The analytical techniques/methods used; and
(e) 
The results of such analyses.
(2) 
All such records shall be made available to officials of the Borough, and at the Borough's discretion, PADEP or EPA. This period shall be extended by the request of any party. In the event of litigation implemented by any party, the three-year period shall be extended. All records shall be maintained until the litigation process has been completed.
I. 
Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public without restriction unless the user 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 user. The Borough will maintain a list of all persons, groups or governmental agencies requesting information, the information supplied and the date supplied. When requested, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) permit, State Disposal System permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
J. 
Information accepted by the Borough as confidential, as described in Subsection I, above, shall not be transmitted to the public by the Borough until a written ten-day notification is given to the user, and the user grants the Borough written permission to do so.
A. 
Purpose. It is the purpose of this section to provide for the recovery of costs from users of the Borough's sewer system for the implementation of the program established herein. The applicable charges or fees shall be set forth in the Borough's pretreatment fee policy.
B. 
Charges and fees. The Borough may, from time to time, collect charges and fees, to include:
(1) 
Fees for reimbursement of costs of setting up and operating the Borough's pretreatment program.
(2) 
Fees for monitoring, inspections and surveillance procedures.
(3) 
Fees for yearly sampling and analyses of user's discharge.
(4) 
Fees for reviewing accidental discharge procedures and construction.
(5) 
Fees for permit and modified permit application.
(6) 
Fees for filing appeals.
(7) 
Other fees as the Borough may deem necessary to carry out the requirements contained herein.
C. 
These fees relate solely to the matters covered by this chapter and are separate from all other fees chargeable by the Borough.
A. 
Instances of noncompliance. Violation of any industrial pretreatment regulation, including but not limited to local limits, compliance sampling and reporting requirements, meeting compliance schedules and/or regulatory deadlines, shall be instances of noncompliance. Any user which shall be in noncompliance shall be subject to enforcement action by the Borough, as hereafter provided.
B. 
Instances of significant noncompliance (SNC). Any user shall be in significant noncompliance upon meeting one or more of the following criteria:
(1) 
Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in § 326-1.
(2) 
Technical review criteria (TRC) violations, defined here as those in which 33% or more of all the measurements taken for each pollutant parameter taken during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by § 326-1 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH).
(3) 
Any other violation of a pretreatment standard or requirement as defined by § 326-1 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Borough Manager determines has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of POTW personnel or the general public.
(4) 
Endangers human health or the environment or results in the POTW's exercise of its emergency powers.
(5) 
A delay in meeting a compliance schedule milestone (failure to begin or complete construction or attain final compliance) by 90 days or more.
(6) 
Failure to submit any of the required reports within 30 days of the due date.
(7) 
Failure to report noncompliance.
(8) 
Any other violation(s), including violations of BMPs, which the POTW considers significant.
A. 
When making determinations as to the level of enforcement action to be invoked by the Borough for violations of pretreatment regulations, the Borough shall consider the severity of the violation(s), degree of variance from the pretreatment standards, the duration of the violation(s) and impact on the publicly owned treatment works (POTW).
B. 
Enforcement actions may include but are not limited to notice of violation (NOV), administrative orders (AO), compliance schedules, show-cause hearing, civil suit, criminal prosecution and termination of service.
A. 
Notice of violation. Any industrial user who violates or continues to violate this chapter or any sewer use permit or order issued hereunder may be issued, by the Borough, a notice of violation. The industrial user shall respond to the Borough within 10 days of the receipt of the notice, with an explanation of the violation, a plan to correct the violation or a statement informing the Borough that the violation has been corrected, including the means by which compliance was achieved and methods by which the industrial user will prevent the violation from reoccurring. Submission of this plan in no way relieves the industrial user of any liability for violations occurring before or after the receipt of the notice of violation. Additional enforcement actions may be served at the same time as the notice of violation or following the service of the notice of violation.
B. 
Administrative orders. Any industrial user who violates or continues to violate this chapter or any sewer use permit or order issued hereunder may be issued, by the Borough, an administrative order. Such order shall set forth the basis for the violation and may include but shall not be limited to compliance schedules and cease-and-desist orders. Any industrial user which has been issued an administrative order shall not be relieved of liability for existing violations or subsequent violations which occurred or occur during or after the administrative order has been served on the industrial user. The industrial user shall have 10 days to respond to the Borough, in writing, notifying the Borough of its intention to comply with the order. Each day of violation of the administrative order shall constitute a separate violation.
C. 
Compliance schedule.
(1) 
A compliance schedule may be served upon an industrial user which has violated this chapter, a sewer use permit or other order issued hereunder. The Borough may issue its order providing for the termination of sewer service in the event that adequate treatment facilities, devices or other appurtenances shall not have been installed and are properly operating. The installation of such devices shall be in accordance with guidelines specified in the compliance schedule. Compliance schedules may also require the industrial user to perform additional self-monitoring testing and improved management practices.
(2) 
Compliance with the order shall be achieved on or before the date(s) specified in the order. In the event that compliance cannot be achieved by the industrial user as specified, the industrial user may request an extension, in writing, not less than 15 days prior to the scheduled date for compliance. The Borough, at its sole discretion, may grant an extension of the date for compliance.
D. 
Cease and desist. Any industrial user which violates or continues to violate this chapter, a sewer use permit or any order issued hereunder may be issued, by the Borough, an order to cease and desist all such violations providing for immediate compliance with the chapter, sewer use permit and regulations or halting discharges to the Borough treatment system until all violations have been corrected. Each day of violation of the cease-and-desist order shall constitute a separate violation.
E. 
Termination of service.
(1) 
The Borough may terminate the service of any industrial user which violates or continues to violate this chapter, a sewer use permit or any order issued hereunder or which discharges any substance or substances that may be harmful to the wastewater treatment plant, treatment plant personnel, the general public or the environment. Methods to be used to terminate sewer service shall include but not be limited to the plugging of the industrial user's line, revocation of the sewer use permit, termination of water service and/or issuing a cease-and-desist order. Notice of the termination of service shall be personally served on the industrial user, its agents, officers or employees setting forth the reason for termination of service and the date and time of the termination of service.
(2) 
The Borough may terminate the service without notice where a threat to the safety of the wastewater treatment plant, its personnel or the general public exists. Upon such emergency termination, the Borough shall promptly notify the industrial user, its agents, officers or employees personally as above.
(3) 
Service shall be restored to the industrial user upon the correction of the violations and/or when the emergency has been abated.
A. 
The Borough may order any user who causes or allows an authorized discharge to enter the sewer system to show cause before the Borough Council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Borough Council regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the user to show cause before the Borough Council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail, return receipt requested, at least 10 days before the hearing. Service may be made on any agent or officer of a corporation.
B. 
Users are still liable for all violations previous to and during the period of the hearings until the violation has been corrected. Failure to respond to the hearing will be considered an additional violation.
C. 
The Borough Council may itself conduct the hearing and take the evidence or may designate any of its members or any officer, employee or agent of the Borough to:
(1) 
Issue, in the name of the Borough, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.
(2) 
Take the evidence.
(3) 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations, to the Borough for action thereon.
D. 
At any hearing held pursuant to this chapter, testimony taken must be under oath and recorded stenographically. The transcript so recorded will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor.
E. 
After the Borough has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are property operated. Further orders and directives as are necessary and appropriate may be issued.
F. 
Civil proceedings. If any person discharges sewage, industrial wastes, nondomestic wastes or other wastes into the sewer system or fails to submit required monitoring and compliance reports or violates the requirements of the sewer use permit, the provisions of this chapter, national or state pretreatment requirements or any order of the Borough, the Borough Solicitor may commence an action for appropriate legal and/or equitable relief in the Court of Common Pleas of York County.
G. 
Criminal proceedings. When any person knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or a sewer use permit or falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter, the Borough Solicitor may commence appropriate legal action.
Any industrial user who shall be aggrieved by any order or enforcement action of the Borough shall have the right to appeal any enforcement action(s) and/or penalty(ies) assessed against him. Appeals shall be made within 30 days of the action. Failure to appeal within 30 days shall constitute a waiver of the right to contest the enforcement action and/or the amount of the penalty assessed. Appeals shall be in writing addressed to the Council of the Borough of Spring Grove, 1 Campus Avenue, Spring Grove, PA 17362.
A. 
Civil penalties. Any industrial user which violates this chapter, sewer use permit, any other federal, state or local pretreatment rules, regulations or standards, whether or not the violation is willful or negligent, may be assessed a civil penalty in an amount not to exceed $25,000 per day, per violation, regardless of jurisdictional boundaries. Each violation for each separate day shall constitute a separate and distinct offense. The Borough may also recover reasonable costs, such as attorney's fees, court costs and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of actual damages to the POTW and/or the environment. Penalties shall be assessed in accordance with the Borough's enforcement response policy as described in § 326-57.
B. 
Uses for penalties.
(1) 
Penalties collected pursuant to the POTW penalty law shall be placed in a restricted account and shall only be used by the Borough for the following:
(a) 
Repair of damage and any additional maintenance needed or any additional cost imposed as a result of the violation for which the penalty was imposed.
(b) 
To pay any penalties imposed on the Borough by the federal or state government for violation of pretreatment standards.
(c) 
Costs incurred by the Borough to investigate and take enforcement actions that resulted in a penalty being imposed.
(d) 
Monitoring of discharges for the pretreatment program.
(e) 
Capital improvements to the POTW which may be required by the pretreatment program.
(2) 
Any remaining funds may be used for other capital improvements to the POTW.