[Adopted 8-3-1992 by Ord.
No. 1032, approved 8-3-1992[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II,
Sewer Use, adopted 9-11-1989 by Ord. No. 989, approved 9-11-1989.
A.
This article sets forth uniform requirements for direct and indirect
contributors into the wastewater collection and treatment system for
the Borough of Middletown, to effect compliance with applicable state
and federal laws required by the Clean Water Act of 1977[1] and the General Pretreatment Regulations (40 CFR 403).
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
B.
The objectives of this article are:
(1)
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.
(2)
To prevent the introduction of pollutants into the municipal wastewater
system which will pass through the system inadequately treated into
receiving waters or the atmosphere or otherwise be incompatible with
the system.
(3)
To improve the opportunity to recycle and reclaim wastewaters and
sludges from the system.
(4)
To provide for equitable distribution of the cost for the implementation
of the Borough's industrial pretreatment program.
C.
This article 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 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.
D.
This article shall apply to the Borough of Middletown and to persons
outside the Borough who are users of the Authority POTW. Except as
otherwise provided herein, the Borough shall administer, implement
and enforce the provisions of this article.
E.
Nothing contained in this article shall be construed as preventing
any special agreement or arrangement between the Borough and users
within or without 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. These special
agreements do not pertain to wastes from significant industrial users
that are bound by Federal Categorical Pretreatment Standards.
A.
ACT or THE ACT
APPROVAL AUTHORITY
AUTHORITY
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
(1)
(a)
(b)
(2)
(3)
BIOCHEMICAL OXYGEN DEMAND (BOD)
BOROUGH
BUILDING DRAIN
BUILDING SEWER
CATEGORICAL STANDARDS
CONTROL AUTHORITY
COOLING WATER
DIRECT DISCHARGE
EDU
ENVIRONMENTAL PROTECTION AGENCY (EPA)
FEDERAL CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
GRAB SAMPLE
HOLDING TANK WASTE
INDIRECT DISCHARGE
INDUSTRIAL PRETREATMENT PROGRAM
INDUSTRIAL USER
INDUSTRIAL WASTE
INTERFERENCE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE
STANDARD
NEW SOURCE
(1)
(a)
(b)
(c)
(2)
PASS-THROUGH
PERSON
pH
POLLUTANT
POLLUTION
POTW TREATMENT PLANT
PRETREATMENT or TREATMENT
PRETREATMENT REQUIREMENTS
PUBLICLY OWNED TREATMENT WORKS (POTW)
SANITARY SEWAGE
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
(3)
(4)
(5)
SLUG
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STATE
STORMWATER
SUPERINTENDENT
SUSPENDED SOLIDS
TOXIC POLLUTANT
USER
WASTEWATER
WATERS OF THE STATE
Unless the context specifically indicates otherwise, the following
terms and phrases as used in this article 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, and the Administrator of the EPA in a non-NPDES state or
NPDES state without an approved state pretreatment program.
The Middletown Borough Authority, Dauphin County, Pennsylvania.
An "authorized representative of an industrial user" may
be:
A corporate officer or manager, as follows:
A responsible corporate officer of the level of president, vice
president, secretary or treasurer of the corporation in charge of
a principal business function or any other person who performs similar
policy-making or decisionmaking functions for the corporation; or
The manager of one or more manufacturing, production or operation
facilities employing more than 250 persons or having gross annual
sales or expenditures exceeding $25,000,000, if authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures;
A general partner or proprietor if the industrial user is a
partnership or proprietorship, respectively;
A duly authorized representative of the individual designated
above if the authorization is made, in writing, by the individual
described in Subsection A(1)(a) above; or the authorization specifies
either an individual or a position having responsibility for the overall
operation of the facilities from which the indirect discharge originates,
such as the position of plant manager, operator of a well or well
field superintendent, or a position of equivalent responsibility,
or having overall responsibility for environmental matters for the
company; and the written authorization is submitted to the Control
Authority.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory conditions, five days
at 20° C., expressed in terms of weight and concentration (mg/l).
The Borough of Middletown, Dauphin 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 outside the inner face of the building wall.
A sewer conveying wastewater from the premises of a user
to the POTW.
Federal Categorical Pretreatment Standards or pretreatment
standards.
Refers to the approval authority, as defined hereinabove;
or the Borough 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.
Equivalent domestic unit with the following wastewater characteristics:
Characteristic
|
Amount
|
---|---|
Flow
|
250 gpd
|
Ammonia Nitrogen, as N
|
25 mg/l
|
BOD
|
250 mg/l
|
Phosphorus, as P
|
10 mg/l
|
Total Suspended Solids
|
250 mg/l
|
TKN, as N
|
40 mg/l
|
The United States 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.
Any regulations containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act (33
U.S.C. § 1317), which apply to a specific category of industrial
users.
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.
The discharge or the introduction of nondomestic pollutants
from any source regulated under Section 307(b) or (c) of the Act (33
U.S.C. § 1317), into the POTW, including holding tank waste
discharged into the system.
A program administered by a POTW that meets the criteria
established in 40 CFR 403.8 and 40 CFR 403.9 and which has been approved
by a regional administrator or state director in accordance with 40
CFR 403.11.
A source of indirect discharge which does not constitute
a discharge of pollutants under regulations issued pursuant to Section
402 of the Act (33 U.S.C. § 1342).
Any solid, liquid or gaseous substance or form of energy
rejected or escaping from any industrial, manufacturing, trade or
business process or from the development, recovery or processing of
natural resources, as distinct from sanitary sewage.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, causes the inhibition or disruption
of the POTW treatment processes or operations or its sludge processes,
use or disposal, which contributes to a violation of any requirement
of the Authority's NPDES permit (including an increase in the magnitude
or duration of a violation). The term includes prevention of sewage
sludge use 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 Solids Waste Disposal Act
(SWDA), including Title II, more commonly referred to as the "Resource
Conservation and Recovery Act (RCRA)"; the Clean Air Act; the Toxic
Substances Control Act; the Marine Protection, Research and Sanctuaries
Act[1] or more stringent state criteria, including those contained
in any state sludge management plan prepared pursuant to Title IV
(Subtitle D) of SWDA applicable to the method of disposal or use employed
by the POTW.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
Any regulation developed under the authority of Section 307(b)
of the Act[2] and 40 CFR 403.5.
Any building, structure, facility or installation from which
there is or may be a discharge of pollutants, the construction of
which is commenced after the publication of proposed pretreatment
standards under Section 307(c) of the Act[3] which will be applicable to such source, if such standards
are thereafter promulgated in accordance with that section, provided
that:
The building, structure, facility or installation is constructed
at a site at which no other source is located;
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production or wastewater generating processes of the building,
structure, facility or installation are substantially independent
of an existing source at the same site.
Construction on a site at which an existing source is located
results in modification rather than a "new source" if the construction
does not create a new building, structure, facility or installation.
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the POTW's NPDES permit (including
an increase in the magnitude or duration of a violation).
Any individual, partnership, copartnership, firm, company'
association, joint-stock company, trust, estate, governmental entity,
any other legal entity or their legal representatives, agents or assigns.
The masculine gender shall include the feminine; the singular shall
include the plural where indicated by context.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions, expressed in grams per liter of solution, and indicates
the degree of acidity or alkalinity of a substance.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt and industrial, municipal and agricultural waste
discharged into water.
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
That portion of the POTW designed to provide treatment to
wastewater.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature 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, biological processes or process
changes by other means, except as prohibited by 40 CFR 403.6(d).
Any substantive or procedural requirement related to pretreatment,
other than a Federal Categorical Pretreatment Standard imposed on
an industrial user.
A treatment works, defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned, in this instance, by the
Authority. This definition includes any devices and systems used in
the storage, treatment, recycling and reclamation of municipal sewage
or industrial wastes of a liquid nature. It also includes pipes, sewers
and other conveyances only if they convey wastewater to a POTW treatment
plant. For the purposes of this article, "POTW" shall also include
any sewers that convey wastewaters to the POTW from persons outside
the Borough who are, by contract or agreement with the Borough or
Authority, users of the Authority's POTW. The term also means the
municipality as defined in Section 502(4) of the Act,[4] which has jurisdiction over the indirect discharges to
and the discharges from such a treatment works.
The wastewater from residential households and toilet facilities
from institutions, commercial and industrial establishments.
Any nonresidential user of the Authority's POTW who:
Is subject to Federal Categorical Pretreatment Standards;
Discharges an average of 25,000 gallons per day or more of process
wastewater to the POTW (excluding sanitary, noncontact cooling water
and boiler blowdown wastewater);
Contributes a process waste stream which makes up 5% or more
of the average dry weather or organic capacity of the Authority's
POTW treatment plant;
Has in his wastes toxic pollutants as defined pursuant to Section
307 of the Act[5] or Pennsylvania statutes and rules; or
Is found by the Borough, Pennsylvania Department of Environmental
Resources (DER)[6] or the United States Environmental Protection Agency (EPA)
to have a significant impact either singly or in combination with
other contributing significant industrial users on the wastewater
treatment system, the quality of sludge, the system's effluent quality
or air emissions generated by the system.
Any discharge of water, sewage or waste exceeding a concentration
or flow greater than five times that of the average twenty-four-hour
discharge from the user, which is discharged continuously for a period
longer than 15 minutes.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1987.
The Commonwealth of Pennsylvania.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The person designated by the Borough of Middletown who is
charged with certain duties and responsibilities by this article,
or his duly authorized representative, deputy or agent.
The total suspended matter that floats on the surface 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 EPA under the provision of Section
307(a) of the Clean Water Act[7] 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 Authority's POTW.
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.
[1]
Editor's Note: See 42 U.S.C. § 6901 et seq., 42
U.S.C. § 7401 et seq., 15 U.S.C. § 2601 et seq.,
and 33 U.S.C. § 1401 et seq., respectively.
[2]
Editor's Note: See 33 U.S.C. § 1317(b).
[3]
Editor's Note: See 33 U.S.C. § 1317(c).
[4]
Editor's Note: See 33 U.S.C. § 1362(4).
[5]
Editor's Note: See 33 U.S.C. § 1317.
[6]
Editor's Note: Now the Department of Environmental Protection
(DEP).
[7]
Editor's Note: See 33 U.S.C. § 1317(a).
B.
Word usage. The word "shall" is mandatory, "may" is permissive.
The following abbreviations shall have the designated meanings:
Abbreviation
|
Meaning
|
---|---|
BOD
|
Biochemical oxygen demand
|
CFR
|
Code of Federal Regulations
|
COD
|
Chemical oxygen demand
|
EPA
|
Environmental Protection Agency
|
L
|
Liter
|
mg
|
Milligrams
|
mg/l
|
Milligrams per liter
|
NPDES
|
National Pollutant Discharge Elimination System
|
POTW
|
Publicly owned treatment works
|
SIC
|
Standard Industrial Classification
|
SWDA
|
Solid Waste Disposal Act, 42 U.S.C. § 6901, et seq.
|
U.S.C.
|
United States Code
|
TSS
|
Total suspended solids
|
A.
No user shall contribute or cause to be contributed, directly or
indirectly, any pollutant or wastewater which will pass through or
interfere with the operation or performance of the POTW. These general
prohibitions apply to all users of a POTW, whether or not the user
is subject to Federal Categorical Pretreatment Standards or any other
federal, state or local pretreatment standards or requirements. A
user may not contribute the following substances to the POTW:
(1)
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 or to the operation of the POTW, including but not
limited to waste streams with a closed-cup flash point of less than
140° F. or 60° C. using the test methods specified in 40 CFR
261.21. 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, aldehydes, peroxides, chlorates,
perchlorates, bromates, carbides, hydrides and sulfides and any other
substance which is a fire hazard or a hazard to the system.
(2)
Solid or viscous substances which may cause obstruction to the flow
in a sewer or other interferences 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 or fleshings, entrails, whole blood,
feathers, ashes, cinders, sand, spent lime, stone or marble dust,
metal, glass, straw, shavings, grass clippings, rags, spent grains,
spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues,
residues from refining or processing of fuel or lubricating oil, mud,
glass grinding or polishing wastes.
(3)
Grease, oil or sand interceptors shall be provided when, in the opinion
of the Superintendent and/or Borough, 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 Superintendent
and/or 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/or 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.
(4)
Petroleum oil, nonbiodegradable cutting oil or products of mineral
origin in amounts that will cause interference or pass-through.
(5)
Any wastewater having a pH less than 5.0 or greater than 9.5, unless
the POTW is specifically designed to accommodate such wastewater,
or wastewater having any other corrosive property capable of causing
damage or hazard to structure, equipment and/or personnel of the POTW.
(6)
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 and animals, to create a toxic effect in the receiving
waters or the POTW or to exceed the limitations set forth in a Federal
Categorical Pretreatment Standard. A toxic pollutant shall include
but not be limited to any pollutant identified pursuant to Section
307(a) of the Act.[1]
[1]
Editor's Note: See 33 U.S.C. § 1317(a).
(7)
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 or repair.
(8)
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 or 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; 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
Substance Control Act, or state criteria applicable to the sludge
management method being used.[2]
[2]
Editor's Note: See 33 U.S.C. § 1345, 42 U.S.C. § 6901
et seq., 42 U.S.C. § 7401 et seq., and 15 U.S.C. § 2601
et seq., respectively.
(9)
Any substance which will pass through and as a result cause the POTW
to violate its NPDES permit or the receiving water quality standards.
(10)
Any wastewater with objectionable color not removed in the treatment
process, such as but not limited to dye wastes and vegetable tanning
solutions.
(11)
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. or 104° F., unless the POTW
treatment plant is designed to accommodate such temperature.
(12)
Any pollutants, including oxygen demanding pollutants (BOD,
etc.) released at a flow rate and/or pollutant concentration which
cause interference to the POTW. In no case shall a wasteload have
a flow rate or contain concentrations or qualities 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, unless otherwise authorized, in writing, by the
Superintendent and/or the Borough.
(13)
Any wastewater containing any radioactive wastes or isotopes
of such half-life or concentration as may exceed limits established
by the Superintendent and/or the Borough in compliance with applicable
state or federal regulations.
(14)
Any wastewater which causes a hazard to human life or creates
a public nuisance.
(15)
No user shall discharge or cause to be discharged any stormwater,
surface water, groundwater, roof runoff, subsurface drainage, swimming
pool drainage, cooling water, unpolluted industrial or nonresidential
process water. The discharge of cooling water from air-conditioning
units with cooling towers or recirculating systems or from air-conditioning
units using flow-through or nonrecirculating systems is prohibited.
The sanitary sewers are not designed to handle the cooling water volumes
produced by air-conditioning units. Cooling water free from bacteria
and harmful chemicals should be drained into storm sewers in accordance
with state and federal requirements.
B.
When the Borough determines that a user is contributing to the POTW
any of the above-enumerated substances in such amounts as interfere
with the operation of the POTW, the Borough shall advise the user
of the impact of the contribution on the POTW and develop effluent
limitations for such user to correct the interference with the POTW.
C.
Any user, other than a significant industrial user, who shall contribute
any of the above-enumerated substances in such amounts as to interfere
with the operation of the POTW, upon conviction thereof by a summary
proceeding, shall be sentenced to pay costs of prosecution and pay
a fine in the amount of $1,000 per offense, and in default of payment
of such fines and costs, to a term of imprisonment for a term not
exceeding 30 days. Each day that the user contributes any of the above-enumerated
substances shall constitute a separate offense for the purposes of
this section.
[Added 12-3-2001 by Ord.
No. 1147, approved 12-3-2001]
A.
It shall be unlawful for any person to place, deposit or permit to
be deposited in any unsanitary manner on public or private property
within the Borough of Middletown or in any area under the jurisdiction
of said Borough any human or animal excrement, garbage or objectionable
waste.
B.
It shall be unlawful to discharge to any natural outlet within the
Borough or under the jurisdiction of the Borough any wastewater, except
where suitable treatment has been provided in accordance with subsequent
provisions of this article.
C.
The owner(s) of all houses, buildings or properties used for human
occupancy, employment, business, industry or other purposes situated
within the Borough and abutting on any street, alley or right-of-way
in which there is now located or may in the future be located a POTW
of the Borough is hereby required at the owner's (owners') expense
to install suitable toilet facilities therein and to connect such
facilities directly with the POTW in accordance with the provisions
of this article within 90 days after date of official notice to do
so, provided that said POTW is within 100 feet of the property line.
A.
No unauthorized persons shall uncover, make any connections with or opening into, use, alter or disturb the POTW or any appurtenance thereof without first obtaining a written wastewater discharge permit from the Superintendent and/or Borough as set forth in § 226-31 of this article, as applicable.
B.
There shall be two classes of wastewater discharge permits: a general
permit for commercial and nonsignificant industrial discharges, and
a significant industrial user permit for significant industrial discharges.
In either case, the owner or his agent shall make application on a
special form furnished by the Borough. The permit application shall
be supplemented by any plans, specifications or other information
considered pertinent in the judgment of the Superintendent and/or
Borough. All wastewater discharge permit applications shall be reviewed
and approved, in writing, by the Borough prior to permit issuance.
Permit and inspection fees for wastewater discharge permits shall
be paid to the Borough at the time the wastewater discharge permit
is issued. Permit and inspection fees for wastewater discharge permits
shall be in such amounts as may be established from time to time by
the Borough.[1]
C.
All costs and expenses incidental to the installation, connection
and maintenance of the building sewer shall be borne by the building
owner(s). The building owner(s) shall indemnify the Borough from any
loss or damage that may directly or indirectly be occasioned by the
installation of the building sewer.
D.
A separate and independent building sewer shall be provided for every
building.
E.
Old building sewers may be used in connection with new buildings
only when they are found, on examination and tested by the Superintendent,
to meet all requirements of this article.
F.
The size, slope, alignment, materials or construction of a building
sewer, and the methods used in excavating, placing of the pipe, joint
testing and backfilling the trench shall all conform to the requirements
of the Building and Plumbing Code[2] or other applicable ordinances of the Borough. In the
absence of code provisions or in amplification thereof, the materials
and procedures set forth in appropriate specifications of the ASTM
and WPCF Manual of Practice No. 9 shall apply.
G.
Whenever possible, the building sewer shall be brought to the building
at an elevation below the basement floor. In all buildings in which
any building drain is too low to permit gravity flow to the POTW,
wastewater carried by such building drain shall be lifted by an approved
means and discharged to the building sewer.
H.
Floor drains, appliance connections and sewer connections below first
floor level may be attached to the Borough sewer system only if the
owner shall maintain a permanent water seal in the traps and provide
the same with a check or backwater valve; and, further, even if said
sewer drain is provided with a permanent water seal in the trap and
a check or backwater valve, the Borough will not be responsible for
any damages caused by the flooding or stoppage of said sewers into
the basement where said drain or sewer connection is made.
I.
No person shall make connection of sump pumps, roof downspouts, foundation
drains, areaway drains or other sources of surface runoff or groundwater
to a building sewer or building drain which is in turn connected directly
or indirectly to the POTW.
[Amended 9-7-2004 by Ord.
No. 1184, approved 9-7-2004]
(1)
Enforcement.
[Amended 8-7-2006 by Ord.
No. 1212, approved 8-7-2006]
(a)
Prior to the transfer of title of any property within the Borough of Middletown, the owner shall request the Borough to inspect the property's sewer connections for compliance with this Chapter 226. If this inspection reveals the connection is not in compliance, the property owner shall repair the connection prior to transfer. Upon completion of the repairs, the Borough shall reinspect the property and provide the property owner with certification of compliance with this Chapter 226. The Borough shall not permit the transfer of the sewer account to a new property owner until such time as this inspection and certification is completed. The fee for this inspection shall be set by resolution of Borough Council from time to time.
(b)
It shall be the duty of the Borough Engineer, the Utility Operations
and Maintenance Supervisor or their designee to immediately notify
the Code Enforcement Officer of any violation of this subsection.
(c)
It shall be the duty of the Code Enforcement Officer to notify the offending user to make all necessary corrections to any noted violations within 10 days of receipt of said notice. The Code Enforcement Officer may extend the correction deadline in the event of extraordinary circumstances as long as no immediate or imminent threat exists as set forth in Subsection I(1)(d) below.
(d)
If, in the opinion of the Borough Engineer or the Utility Operations
and Maintenance Supervisor or their assigns, the violation constitutes
an immediate or imminent threat to the health and welfare of the general
public, the violation poses an immediate or imminent threat to the
environment or poses an immediate or imminent threat to the sewer
system, the ten-day notice will be waived and the user will be ordered
to make immediate corrections. If the user fails to make immediate
corrections, the Code Enforcement Officer shall order that all necessary
corrective actions be taken.
(e)
The cost of any corrective actions shall be borne by the user.
Payment of such costs shall not indemnify the user from any penalties
prescribed by this subsection or any penalties prescribed by state
or federal law.
(2)
Violations and penalties.
(b)
This subsection and the foregoing penalties shall not be construed
to limit or deny any person to such equitable or other remedies as
may otherwise be available with or without process of law, including
payment of damages to the Borough of Middletown by any person causing
damage to the sewer system.
J.
The connection of the building sewer into the POTW shall conform
to the requirements of the Building and Plumbing Code or other applicable
rules and regulations set forth in appropriate specifications of the
ASTM and the WPCF Manual of Practice No. 9. All such connections shall
be made gastight and watertight and verified by proper testing. Any
deviation from the prescribed procedures and materials must be approved
by the Superintendent before installation.
K.
When required by the Superintendent and/or Borough, any person discharging
to the sewer system any industrial wastes or combined industrial wastes
and sanitary sewage shall install a suitable manhole or manholes or
metering chamber on his connecting sewer or sewers to facilitate observation,
sampling and measurement of the combined flow of wastes from his premises.
Such manhole or manholes or metering chamber shall be accessible and
safely located and shall be constructed in accordance with plans approved
by the Borough or its designated representative. The manhole or metering
chamber shall be installed by such person at his expense and shall
be maintained by him so as to be safe and accessible to the Borough
or its designated representative at all times. The construction and
maintenance of such manhole or metering chamber shall be mandatory
for significant industrial users, and if deemed necessary by the Borough,
flows from such manhole or metering chamber shall be continuously
monitored, transmitted and recorded by means of an approved receiving
device.
L.
The applicant for the wastewater discharge permit shall notify the
Superintendent when the building sewer is ready for inspection and
connection to the POTW. The connection to the POTW and testing shall
be made under the supervision of the Superintendent or his representative.
M.
All excavations for building sewer installation shall be adequately
guarded with barricades and light, so as to protect the public from
hazard. Streets, sidewalks, parkways and other public property disturbed
in the course of the work shall be restored in a manner satisfactory
to the Borough.
N.
No excavation, construction or connection work shall be commenced
within an Authority right-of-way until the owner, his agents and/or
independent contractor shall have first filed a bond in double the
amount of the cost of the work to be performed as determined by the
Borough and Authority, agreeing to indemnify and save harmless the
Authority against any and all loss, damages, costs and expenses which
the Authority may thereafter suffer, incur, be put to or pay by reason
of the failure to complete properly any of the aforesaid excavation,
construction or connection work. The term "owner" as used herein shall
be deemed to include the owner or owners in fee simple, lessees of
the premises, occupiers of the premises and all other parties having
a beneficial use or interest in the premises and occupying the same
with the consent and permission of the owner of the fee title.
Upon promulgation of the Federal Categorical Pretreatment Standard
under Section 307 of the Clean Water Act[1] for a particular industrial subcategory, the categorical
standard, if more stringent than limitations imposed under this article
for sources in that subcategory, shall supersede the limitations imposed
by the Borough. The Borough shall notify all affected significant
industrial users of the applicable reporting requirements under 40
CFR 403.12.
[1]
Editor's Note: See 33 U.S.C. § 1317.
Where the Authority's wastewater treatment system achieves consistent
removal of pollutants limited by Federal Categorical Pretreatment
Standards, the Borough may apply to the Approval Authority for modifications
of specific limits in the Federal Categorical Pretreatment Standards.
"Consistent removal" shall mean the reduction in the amount of a pollutant
or alteration of the nature of the pollutant by the wastewater treatment
system 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 40 CFR 403.7(c). The Borough may then
modify pollutant discharge limits in the Federal Categorical Pretreatment
Standards if the requirements contained in 40 CFR 403.7 are fulfilled
and prior approval from the Approval Authority is obtained.
[Amended 12-3-2001 by Ord. No. 1147, approved 12-3-2001]
A.
The following technologically based limits were developed based on
prevention of pass-through in compliance with NPDES and water quality
limits and prevention of interference with POTW operations regarding
process inhibition and sludge quality. No user shall discharge wastewater
containing in excess of:
Parameter
|
Daily Maximum Concentration
(mg/l)
|
Monthly Average Concentration
(mg/l)
|
---|---|---|
Arsenic
|
0.18
|
0.16
|
Biochemical oxygen demand
|
750
|
600
|
Cadmium
|
0.01
|
0.01
|
Chemical oxygen demand
|
1200
|
950
|
Total chromium
|
0.09
|
0.08
|
Copper
|
0.42
|
0.38
|
Total cyanide
|
0.18
|
0.16
|
Lead
|
0.15
|
0.14
|
Mercury
|
0.007
|
0.006
|
Nickel
|
0.12
|
0.11
|
Ammonia nitrogen
|
30.0
|
25.0
|
Oil and grease
|
100
|
100
|
pH
|
6.0 to 9.0
|
6.0 to 9.0
|
Total phosphorus
|
15.0
|
12.0
|
Silver
|
0.44
|
0.40
|
Total suspended solids
|
1100
|
880
|
Zinc
|
0.12
|
0.11
|
B.
Any user, other than a significant industrial user, who shall be
in violation of this section, upon conviction thereof by a summary
proceeding, shall be sentenced to pay costs of prosecution and pay
a fine in the amount of $1,000 per offense and, in default of payment
of such fines and costs, to a term of imprisonment for a term not
exceeding 30 days. Each day that the user contributes any of the above-enumerated
substances shall constitute a separate offense for the purposes of
this section.
State requirements and limitations on discharges apply in any
case where they are more stringent than federal requirements and limitations
or those in this article.
The Borough reserves the right to establish through a wastewater discharge permit more stringent limitations or requirements on discharges to the wastewater treatment system if deemed necessary and appropriate to comply with the objectives presented in § 226-15 of this article.
No user shall ever increase the use of process water or in any
way attempt to dilute a discharge as a partial or complete substitute
for adequate treatment to achieve compliance with the limitations
contained in the Federal Categorical Pretreatment Standards or with
any other pollutant-specific limitation developed by the Borough,
state or federal agencies.
A.
Protection. Each user shall provide protection from accidental discharges
of prohibited materials or other substances regulated by this article.
Facilities to prevent accidental discharges of prohibited materials
shall be provided and maintained at the owner or user's own cost and
expense. Detailed plans showing facilities and operating procedures
to provide this protection shall be submitted to the Borough for review
and shall be approved by the Borough before construction of the facility.
All existing users shall complete such a plan when designated by the
Borough. No user who commences contribution to the POTW after the
effective date of this article shall be permitted to introduce pollutants
into the system until the accidental discharge procedures have been
approved by the Borough. Review and approval of such plans and operating
procedures shall not relieve the user from the responsibility to modify
its facility, as necessary, to meet the requirements of this article.
In the case of an accidental discharge, it is the responsibility of
the user to immediately telephone and notify the POTW of the incident.
The notification shall include the location of the discharge, the
type of waste, concentration and volume and corrective actions.
B.
Written report. 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 mitigate and prevent 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 damages to person or property. Such report shall
not relieve the user of any fines, civil penalties or other liability
which may be imposed by this article or other applicable law. This
written report shall be signed by an authorized representative of
the user.
A notice shall be permanently posted on the user's bulletin
board or other prominent place advising employees whom to call in
the event of a dangerous discharge. Employers shall ensure that all
employees who may cause such a dangerous discharge to occur are advised
of the emergency notification procedures.
A.
Purpose. It is the purpose of this section to provide for the recovery
of costs from users of the Authority's wastewater treatment system
for the implementation of the program established herein. The applicable
charges or fees shall be set forth in the Borough's Schedule of Charges
and Fees.[1]
[1]
Editor's Note: The fee schedule is on file in the office of
the Borough Secretary.
B.
Charges and fees.
(1)
The Borough may adopt charges and fees which may include:
(a)
Fees for reimbursement of costs for setting up and operating
the Borough's pretreatment program.
(b)
Fees for sampling, 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 over
and above the limitations specified herein and/or pollutants otherwise
subject to Federal Categorical Pretreatment Standards.
(g)
Other fees the Borough may deem necessary to carry out the requirements
contained herein.
(2)
These fees relate solely to the matters covered by this article and
are separate from all other fees chargeable by the Borough.
In the absence of a permit from the Borough, it shall be unlawful
to discharge to the POTW any wastewater except as authorized, in writing,
by the Borough in accordance with the provisions of this article.
A.
All users proposing to connect to and contribute to the POTW shall
obtain a wastewater discharge permit before connecting to or contributing
to the POTW.
B.
Classes of permits.
(2)
In either case, the owner or his agent shall make application on
a special form furnished by the Borough. The permit application shall
be supplemented by any plans, specifications or other information
considered pertinent in the judgment of the Superintendent and/or
Borough. All wastewater discharge permit applications shall be reviewed
and approved, in writing, by the Borough prior to permit issuance.
Permit and inspection fees for a significant industrial user wastewater
discharge permit shall be paid to the Borough at the time the significant
industrial user wastewater discharge permit is issued. Permit and
inspection fees for general wastewater discharge permits shall be
in such amounts as may be established from time to time by the Borough.
A.
Permit. All significant industrial users proposing to connect or
contribute to the POTW shall obtain a significant industrial user
wastewater discharge permit before connecting to or contributing to
the POTW. All existing significant industrial users connected to or
contributing to the POTW shall apply for a significant industrial
user wastewater discharge permit within 30 days after the effective
date of this article.
B.
Permit application.
(1)
A significant industrial user required to obtain a significant industrial
user wastewater discharge permit shall complete and file with the
Borough an application in the form prescribed by the Borough. In support
of the application, the significant industrial user shall submit in
units and terms appropriate for evaluation, the following information:
(a)
The name, address and location.
(b)
The SIC number, according to the Standard Industrial Classification
Manual, Office of Management and Budget, 1987, as amended.
(c)
A description of activities, facilities and plant processes
on the premises, including all materials which are or could be discharged.
(d)
Water usage and disposal.
(e)
The time and duration of contribution.
(f)
The average daily and thirty-minute peak wastewater flow rates,
including daily, monthly and seasonal variations, if any.
(g)
Each product produced by type, amount, process or processes
and rate of production.
(h)
The type and amount of raw materials processed.
(i)
The number and type of employees, hours of operation of plant
and proposed or actual hours of operation of pretreatment system.
(j)
Wastewater constituents and characteristics, including but not limited to those mentioned in §§ 226-18 through 226-28 of this article, as determined by a reliable analytical laboratory; sampling and analyses shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Clean Water Act[1] and contained in 40 CFR 136, as amended.
[1]
Editor's Note: See 33 U.S.C. § 1314(g).
(k)
Site plans, floor plans and mechanical and plumbing plans and
details to show all sewers, sewer connections and appurtenances by
size, location and elevation.
(l)
Where known, the nature and concentration of any pollutants
in the discharge which are limited by any local, state or federal
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 significant user to meet
applicable pretreatment standards.
(m)
If additional pretreatment and/or O & M will be required
to meet the pretreatment standards, the shortest schedule by which
the significant industrial 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 significant industrial 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 increment referred to in B(1)(m)[1] shall exceed nine months.
[3]
No later than 14 days following each date in the schedule and
the final date for compliance, the significant industrial user shall
submit a progress report to the Superintendent, 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 significant industrial user to return the construction
to the schedule established. In no event shall more than nine months
elapse between such progress reports to the Superintendent.
(n)
Any other information as may be deemed by the Borough to be
necessary to evaluate the permit application.
(o)
The permit application shall be signed by an authorized representative
of the significant industrial user.
(2)
The Borough will evaluate the data furnished by the significant industrial
user and may require further information. After evaluation and acceptance
of the data furnished, the Borough may issue a significant industrial
user wastewater discharge permit subject to the terms and conditions
provided herein.
C.
Permit modifications. Within nine months of promulgation of a Federal Categorical Pretreatment Standard, the significant industrial user wastewater discharge permit subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a significant industrial user, subject to a Federal Categorical Pretreatment Standard, has not previously submitted an application for a significant industrial user wastewater discharge permit as required in Subsection A above, the significant industrial user shall apply for a significant industrial user wastewater discharge permit within 180 days after the promulgation of the applicable Federal Categorical Pretreatment Standard. In addition, the significant industrial user with an existing significant industrial user wastewater discharge permit shall submit to the Borough within 180 days after the promulgation of an applicable Federal Categorical Pretreatment Standard the information required in Subsection B(1)(l) and (m).
D.
Permit conditions. Significant industrial user wastewater discharge
permits shall be expressly subject to all provisions of this article
and all other applicable regulations, significant industrial user
charges and fees established by the Borough. Permits may contain the
following:
(1)
The unit charge or schedule of significant industrial user charges
and fees for the wastewater to be discharged to the sewer system.
(2)
Limits on the average and maximum wastewater constituents and characteristics.
(3)
Limits on average and maximum rate and time of discharge or requirements
for flow regulations and equalization.
(4)
Requirements for installation and maintenance of inspection and sampling
facilities.
(5)
Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedules.
(6)
Compliance schedules.
(7)
Requirements for submission of technical reports or discharge reports. (See Subsection L below.)
(8)
Requirements for maintaining and retaining plant records relating
to wastewater discharge for five years or longer as specified by the
Borough and affording the Borough access thereto.
(9)
Requirements for notification of the Borough of any new introduction
of wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being introduced into
the wastewater treatment system.
(11)
Other conditions as deemed necessary by the Borough to ensure
compliance with this article.
E.
Permit duration. Significant industrial user wastewater discharge
permits shall be issued for a specified time period, not to exceed
five years. A significant industrial user wastewater discharge permit
may be issued for a period of less than one year or may be stated
to expire on a specific date.
F.
Public notification. The Borough shall publish in The Press and Journal
a notice of intent to issue a significant industrial user wastewater
discharge permit at least 14 days prior to issuance. The notice will
indicate a location where the draft permit may be reviewed and an
address where written comments may be submitted.
G.
Permit appeals. The Borough will provide interested parties with
notice of final significant industrial user wastewater discharge permit
decisions. Upon notice by the Borough, any person, including the permittee,
may petition to appeal the terms of the significant industrial user
wastewater discharge permit, in writing, within 30 days of the notice.
(1)
Failure to submit a petition for review shall be deemed a waiver
of the appeal.
(2)
In the petition, the permittee must indicate the permit provisions
objected to, the reasons for the objection and the alternative condition,
if any, it seeks to be placed in the permit.
(3)
The effectiveness of the permit shall not be stayed pending reconsideration
by the Borough. If, after reviewing the petition and any arguments,
the Borough determines that reconsideration is appropriate, the Borough
shall remand the permit for reissuance.
(4)
A Borough decision not to reconsider a final permit shall be considered
a final administrative action for purposes of judicial review.
(5)
The permittee seeking judicial review of the Borough's final action
must do so by filing a complaint with the Court of Common Pleas for
Dauphin County within 30 days.
H.
Permit action.
(1)
The terms and conditions of the significant industrial user wastewater
discharge permit may be subject to modification by the Borough during
the term of the permit. These reasons include but are not limited
to the following:
(a)
To incorporate any new or revised federal, state or local pretreatment
standards or requirements.
(b)
Any changes in the permittee's process or discharge characteristics.
(c)
Information indicating that the permitted discharge poses a
threat to the Authority's collection and treatment facilities, personnel
or receiving waters.
(d)
Violation of any terms or conditions of the permit.
(e)
Misrepresentation or failure, upon the permittee's part, to
disclose fully all relevant facts in the permit application or any
required reporting.
(f)
To correct typographical or other errors in the permit.
(g)
To reflect transfer of facility ownership and/or operation to
a new owner/operator.
(h)
Upon request by the permittee, provided that such request does
not create a violation of any applicable requirements, standards,
laws or rules and regulations.
(2)
The permittee shall be informed of any proposed changes in his significant
industrial user wastewater discharge 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
as determined by the Borough. The filing of a request by the permittee
for a permit modification, revocation or reissuance or termination
or a notification of planned changes or anticipated noncompliance
does not stay any permit condition.
I.
Permit transfer. Significant industrial user wastewater discharge
permits are issued to a specific significant industrial user for a
specific operation. A significant industrial user wastewater discharge
permit shall not be reassigned, transferred or sold to a new owner,
new significant industrial user, different premises or a new or changed
operation without the written approval of the Borough.
J.
Permit termination. Significant industrial user wastewater discharge
permits may be terminated for the following reasons:
K.
Permit reissuance. The permittee shall apply for permit reissuance
a minimum of 180 days prior the expiration of the significant industrial
user's existing significant industrial user wastewater discharge permit.
If the significant industrial user wastewater discharge permit is
not reissued by the Borough prior to its expiration date, the conditions
of the existing permit shall continue until such time that a new permit
is issued by the Borough, though not to exceed three months.
L.
Reporting requirements.
(1)
Compliance date report. 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 POTW, any significant industrial 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
or requirements and the average and maximum daily flow for these process
units in the significant industrial user facility which are limited
by such pretreatment standards and requirements. The report shall
state whether the applicable pretreatment standards or requirements
are being met on a consistent basis and, if not, what additional O
& M and/or pretreatment is necessary to bring the significant
industrial user into compliance with the applicable pretreatment standards
or requirements. This statement shall be signed by an authorized representative
of the significant industrial user and certified to by a qualified
professional.
(2)
Periodic compliance reports.
(a)
Any significant industrial user subject to a categorical standard
after the compliance date of such categorical standard or, in the
case of a new source, after commencement of the discharge to the POTW,
shall submit to the Superintendent, during the months of June and
December, unless required more frequently in the categorical standard
or by the Superintendent, a report indicating the nature and concentration
of pollutants in the effluent which are limited by such categorical
standards. In addition, this report shall include a record of all
daily flows which, during the reporting period, exceeded the average
daily flow allowed in the permit. If sampling by the significant industrial
user indicates a violation, the significant industrial user shall
notify the POTW within 24 hours of becoming aware of the violation.
The significant industrial user shall also repeat the sampling and
analysis and submit the results of the repeat analysis to the POTW
within 30 days after becoming aware of the violation, except if the
POTW performs sampling at least once per month at the significant
industrial user's facility or if the POTW performs sampling at the
significant industrial user's facility between the time when the significant
industrial user performs its initial sampling and the time the significant
industrial user receives the results of this sampling. At the discretion
of the Superintendent and in consideration of such factors as local
high and low flow rates, holidays, budget cycles, etc., the Superintendent
may agree to alter the months during which the above reports are to
be submitted. This report shall be signed by an authorized representative
of the significant industrial user.
(b)
The Borough may impose mass limitations on significant industrial users which are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection L(2)(a) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the significant industrial 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 re quested by the Borough, of pollutants contained therein which are limited by the applicable pretreatment, standards. The frequency of monitoring shall be as prescribed in the applicable pretreatment standard or by the Borough. All analyses shall be performed in accordance with procedures established by 40 CFR 136 and amendments thereto or with any other test procedures approved by EPA. Sampling shall be performed in accordance with the techniques approved by EPA. (Comment: Where 40 CFR 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, or with any other sampling and analytical procedures approved by EPA.)
M.
Monitoring facilities. The Borough shall require to be provided and
operated at the significant industrial user's own expense monitoring
facilities to allow inspection, sampling and flow measurement of building
sewer and/or internal drainage systems. The monitoring facility should
normally be situated on the significant industrial user's premises,
but the Borough may, when such a location would be impractical or
cause undue hardship on the significant industrial 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 and sampling and measuring equipment shall
be maintained at all times in a safe and proper operating condition
at the expense of the significant industrial user. 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. Construction
shall be completed within 90 days following written notification by
the Borough.
N.
Inspection and sampling. The Borough shall inspect the facilities
of a significant industrial user to ascertain whether the purpose
of this article is being met and all requirements are being complied
with. Persons or occupants of premises where wastewater is created
or discharged shall allow the Borough or its representative ready
access during all working hours to all parts of the premises for the
purposes of inspection, sampling, records examination and copying
or in the performance of any of their duties. The Borough, state and
EPA shall have the right to set up on the significant industrial user's
property such devices as are necessary to conduct sampling inspection,
compliance monitoring and/or metering operations. Where a significant
industrial user has security measures in force which would require
proper identification and clearance before entry into their premises,
the significant industrial user shall make necessary arrangements
with its security guards so that upon presentation of suitable identification,
personnel from the Borough, state and EPA will be permitted to enter
without delay for the purposes of performing their specific responsibilities.
A.
Significant industrial users shall provide necessary wastewater treatment
as required to comply with this article and shall achieve compliance
with all Federal Categorical Pretreatment Standards within the time
limitations as specified by the federal pretreatment regulations.
Any facilities required to pretreat wastewater to a level acceptable
to the Borough shall be provided, operated and maintained at the significant
industrial user's expense. Detailed plans showing the pretreatment
facilities and operating procedures shall be submitted to the Borough
for review and shall be acceptable to the Borough before construction
of the facility. The review of such plans and operating procedures
will in no way relieve the significant industrial user from the responsibility
of modifying the facility as necessary to produce an effluent acceptable
to the Borough under the provisions of this article. Any subsequent
changes in the pretreatment facilities or method of operation shall
be reported to and be accepted by the Borough prior to the significant
industrial user's initiation of the changes.
B.
The Borough shall annually publish in the largest newspaper of general
circulation a list of the significant industrial users which were
in significant noncompliance (SNC) with applicable pretreatment standards
or requirements at least once during the previous 12 months. The notification
also shall summarize any enforcement actions taken by the Borough
against the significant industrial users during the same 12 months.
(1)
For the purposes of this provision, a significant industrial user
is in SNC if its violation meets one or more of the following criteria:
(a)
Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of all of the measurements taken during
a six-month period exceed (by any magnitude) the daily maximum limit
or the average monthly limit for the same pollutant.
(b)
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of all of the measurements for each pollutant
parameter taken during a six-month period equal or exceed the product
of the daily maximum limit or the average monthly limit multiplied
by the applicable TRC. (TRC equals 1.4 for BOD, O&G and TSS and
1.2 for all other pollutants except pH.)
(c)
Any other violation of a pretreatment effluent limit (daily
maximum or longer-term average) that the Borough 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).
(d)
Any discharge of a pollutant that has caused an imminent endangerment
to human health, welfare or to the environment or has resulted in
the POTW's exercise of its emergency authority under 40 CFR 403.8(f)(1)(vi)(B)
to halt or prevent such a discharge.
(e)
Failure to meet, within 90 days after the schedule date, a compliance
milestone contained in the significant industrial user wastewater
discharge permit or separate enforcement order for starting construction,
completing construction or attaining final compliance.
(f)
Failure to provide, within 30 days after the due date, required
reports, such as baseline monitoring reports, semiannual and annual
compliance reports, monthly monitoring reports and reports on compliance
with compliance schedules.
(g)
Failure to accurately report noncompliance.
(h)
Any other violation or group of violations which the Borough
determines will adversely affect the operation or implementation of
the Borough's pretreatment program.
(2)
All records relating to compliance with pretreatment standards shall
be made available to officials of the state or EPA upon request.
A.
Information and data on a significant industrial user obtained from
reports, questionnaires, permit applications, permits and monitoring
programs and from inspections shall be available to the public or
other governmental agency without restriction unless the significant
industrial 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 significant industrial user.
B.
When requested by the person furnishing a report, the portions of
a report which might disclose trade secrets or secret presses 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 article, the national pollution discharge elimination system
(NPDES) permit, state disposal permit and/or the pretreatment program;
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.
C.
Information accepted by the Borough as confidential shall be transmitted
to any governmental agency immediately when requested, but not to
the general public unless a ten-day notification is given to the significant
industrial user by the Borough.
A.
Administrative enforcement remedies.
(1)
Notification of violation (NOV). Whenever the Borough finds that
a significant industrial user has violated or is violating this article,
the significant industrial user wastewater discharge permit or any
order, prohibition, limitation or requirement contained herein, the
Borough may serve upon such person a written notice stating the nature
of the violation. Within 10 days of the receipt date of this notice,
an explanation of the violation and a plan for the satisfactory correction
and prevention thereof, to include specific required actions, shall
be submitted to the Borough by the significant industrial user. If
the significant industrial user fails to submit a plan within this
ten-day period, the Borough shall develop and enforce a plan to correct
the violation in question at the significant industrial user's expense.
The provisions of this section shall not relieve the significant industrial
user of any responsibility under this article, statute, law, rule
or regulation.
(2)
Cease and desist orders. When the Borough finds that a significant
industrial user has violated or continues to violate this article,
the significant industrial user wastewater discharge permit or order
issued hereunder, the Borough may issue an order to cease and desist
all such violations and direct the significant industrial user in
noncompliance to:
(3)
Compliance order. When the Borough finds that a significant industrial
user has violated or continues to violate this article, the significant
industrial user wastewater discharge permit or order issued hereunder,
the Borough may issue a compliance order to the significant industrial
user responsible for the discharge directing that, following a specific
time period, sewer service shall be discontinued unless adequate treatment
facilities, devices or other related appurtenances have been installed
and properly operated. Compliance orders may also contain other requirements
as might be reasonably necessary and appropriate to address the noncompliance,
including the installation of pretreatment technology, additional
self-monitoring and management practices.
(4)
Consent orders. The Borough is hereby empowered to enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with the significant industrial user responsible for the noncompliance. Such orders will include specific action to be taken by the significant industrial user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as compliance orders issued pursuant to Subsection A(3) above.
(5)
Show cause orders.
(a)
Notwithstanding the aforesaid enforcement provisions, the Borough
may order any significant industrial user who causes or allows an
unauthorized discharge to enter the POTW to show cause before the
Borough why the proposed enforcement action should not be taken. A
notice shall be served on the significant industrial user specifying
the time and place of a hearing to be held by the Borough regarding
the violation, the reasons why the action is to be taken, the proposed
enforcement action and directing the significant industrial user to
show cause before the Borough why the proposed enforcement action
should not be taken. The notice of the hearing shall be served by
certified or registered mail (return receipt requested) at least 10
days before the hearing. Service may be made on any agent or officer
of a corporation.
(b)
The Borough or other person designated by the Borough shall
conduct the hearing and be authorized as follows:
[1]
To issue notices of hearings requesting the attendance and testimony
of witnesses and the production of evidence relevant to any matter
involved in such hearings.
[2]
To take the evidence.
[3]
To transmit a report of the evidence and hearing, including
transcripts and other evidence, together with recommendations to the
Borough for action thereof.
(c)
At any hearing held pursuant to this article, testimony shall
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 thereof.
(d)
After the Borough has reviewed the evidence, it may issue an
order to the significant industrial user responsible for the discharge
directing that, following a specified time period, the sewer service
shall be discontinued unless adequate treatment facilities, devices
or other related appurtenances have been installed and existing treatment
facilities, devices or other related appurtenances are properly operated.
Further orders and directives deemed necessary and appropriate may
be issued by the Borough.
(6)
Administrative fines. Notwithstanding any other section of this article,
any significant industrial user who is found to have failed to comply
with any provision of this article, and the orders, rules, regulations,
and permits issued hereunder, shall be fined an amount not to exceed
$25,000 for each violation. Each day on which a violation shall occur
or continue shall be deemed a separate and distinct offense. In addition
to the penalties provided herein, the Borough may recover reasonable
attorney's fees, court costs, court reporters' fees and other expenses
of litigation by appropriate suit at law against the person found
to have violated this article, or the orders, rules, regulations and
permits issued hereunder. Unpaid charges, fines and penalties shall
constitute a lien against an individual significant industrial user's
property. Significant industrial users desiring to dispute such fines
must file a request for the Borough to reconsider the fine within
10 days of being notified of the fine. Where the Borough believes
a second request has merit, the Borough shall convene a hearing on
the matter within 15 days of receiving the request from the significant
industrial user.
(7)
Emergency suspensions.
(a)
The Borough may suspend wastewater treatment service and/or
the significant industrial user wastewater discharge permit when such
suspension is necessary, in the opinion of the Borough, in order to
stop an actual or threatened discharge which presents or may present
an imminent or substantial endangerment to the health or welfare of
persons or to the environment, causes interference with the POTW or
causes the POTW to violate any condition of its NPDES permit.
(b)
Any significant industrial user notified of a suspension of
wastewater treatment service and/or the significant industrial user
wastewater discharge permit shall immediately stop or eliminate the
discharge to the POTW. In the event of a failure by the significant
industrial user to comply voluntarily with the suspension order, the
Borough shall take steps as deemed necessary, including immediate
severance of the sewer connection, to prevent or minimize damage to
the POTW or its receiving stream or endangerment to any individuals.
The Borough shall reinstate the significant industrial user wastewater
discharge permit upon proof of the elimination of the noncomplying
discharge by the significant industrial user and payment of any damages,
fines, penalties or costs associated with the discharge.
(c)
A significant industrial user which is responsible, in whole
or in part, for imminent endangerment shall submit a detailed written
statement describing the causes of the harmful contribution and the
measures taken to prevent any further occurrence to the Borough within
15 days of the date of occurrence.
(8)
Revocation of permit.
(a)
Any significant industrial user who violates the following conditions
of this article or applicable state and federal regulations, is subject
to having his significant industrial user wastewater discharge permit
revoked for, but not limited to, the following changes:
[1]
Failure of the significant industrial user to factually report
the wastewater constituents and characteristics of discharge;
[2]
Failure of the significant industrial user to report significant
changes in operations or wastewater constituents and characteristics;
[3]
Refusal to permit reasonable access to the significant industrial
user's premises for the purpose of inspection, monitoring, or sampling;
or
[4]
Violation of the conditions of the significant industrial user
wastewater discharge permit.
B.
Judicial remedies. If any significant industrial user or other person
discharges sewage, industrial wastes or other wastes into the POTW
contrary to the provisions of this article, federal 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 Dauphin County. Some of these actions
include the following:
(1)
Injunctive relief. Whenever a significant industrial user has violated
or continues to violate the provisions of this article, the significant
industrial user wastewater discharge permit or order issued hereunder,
the Borough Solicitor may petition the court for the issuance of a
preliminary or permanent injunction, or both, (as may be appropriate)
which restrains or compels the activities on the part of the significant
industrial user. The Borough shall have such remedies to collect these
fees as it has to collect other sewer service charges.
(2)
Civil penalties.
(a)
Any significant industrial user who has violated or continues
to violate this article and the orders, rules, regulations and permits
issued hereunder shall be liable to the Borough for a civil penalty
of not more than $25,000, plus actual damages incurred by the POTW
per violation per day as the violation continues. In addition to the
above-described penalty and damages, the Borough may recover reasonable
attorney's fees, court costs and other expenses associated with the
enforcement activities, including sampling and monitoring expenses.
(b)
The Borough shall petition the court to impose, assess and recover
such sums. In determining the amount of liability, the court shall
take into account all relevant circumstances, including but not limited
to the extent of harm caused by the violation, the magnitude and duration,
any economic benefit gained through the significant industrial user's
violation, corrective actions by the significant industrial user,
the compliance history of the significant industrial user and any
other factor as justice requires.
(3)
Criminal prosecution. Any significant industrial user who willfully
or negligently violates any provision of this article, the significant
industrial user wastewater discharge permit or order issued hereunder
shall, upon conviction, be guilty of a misdemeanor, punishable by
a fine not to exceed $25,000 per violation per day or imprisonment
for not more than one year, or both.
(4)
Falsifying information. Any significant industrial user who knowingly
makes any false statements, representations or certifications in any
application, record, report, plan or other document filed or required
to be maintained pursuant to this article or significant industrial
user wastewater discharge permit or who falsifies, tampers with or
knowingly renders inaccurate any monitoring device or method required
under this article shall, upon conviction, be punished by a fine of
not more than $25,000 per violation per day or imprisonment for not
more than one year, or both.
C.
Affirmative defenses.
(1)
Treatment upsets.
(a)
Any significant industrial user which experiences an upset in
operations that places it in a temporary state of noncompliance, which
is not the result of operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventive maintenance
or careless or improper operation, shall inform the Borough thereof
immediately upon becoming aware of the upset. Where such information
is given orally, a written report thereof shall be filed by the significant
industrial user within five days. The report shall contain:
[1]
A description of the upset, its causes and impact on the discharger's
compliance status.
[2]
The duration of noncompliance, including exact dates and times
of noncompliance, and if the noncompliance is continuing, the time
by which compliance is reasonably expected to be restored.
[3]
All steps taken or planned to reduce, eliminate, and prevent
recurrence of such an upset.
(b)
A significant industrial user which complies with the notification
provisions of this section in a timely manner shall have an affirmative
defense to any enforcement action brought by the Borough for any noncompliance
with this article, the significant industrial user wastewater discharge
permit or order issued hereunder by the significant industrial user,
which arises out of violations attributable to and alleged to have
occurred during the period documented and verified upset.
(2)
Treatment bypasses.
(a)
A bypass of the treatment system is prohibited unless all of
the following conditions are met:
[1]
The bypass is unavoidable to prevent loss of life, personal
injury or severe property damage.
[2]
There is no feasible alternative to the bypass, including the
use of auxiliary treatment or retention of the wastewater.
[3]
The significant industrial user properly notifies the Borough
as described in this section.
(b)
Significant industrial users must provide immediate notice to
the Borough upon discovery of an unanticipated bypass. If necessary,
the Borough may require the significant industrial user to submit
a written report explaining the cause, nature and duration of the
bypass and the steps being taken to prevent its recurrence. A significant
industrial user may allow a bypass to occur which does not cause pretreatment
standards or requirements to be violated, but only if it is for essential
maintenance to ensure efficient operation of the treatment system.
Significant industrial users anticipating a bypass must submit notice
to the Borough at least 10 days in advance. The Borough may only approve
the anticipated bypass if the circumstances satisfy those set forth
in this section.