§ 18-171.   Industrial/Commercial Waste Discharge Permit.
   1.   Any user who discharges into the treatment works any wastes having any one or more of the following characteristics shall be required to obtain an industrial waste discharge permit:
   A.   A 5-day BOD greater than 204 mg/l.
   B.   A suspended solids content greater than 240 mg/l.
   C.   A dissolved solids content greater than 300 mg/l.
   D.   A C.O.D. content greater than 600 mg/l.
   E.   A chloride demand greater than 10 mg/l.
   F.   An average daily flow greater than 5,000 gallons per day.
   G.   Any quantity of substances possessing characteristics described in this Part.
   2.   Prior to discharging such waste to the sewer system after the effective date of this Part, the owner of the property from which such discharge is proposed to be made shall apply to the Borough in writing for a permit to make such a discharge (and shall not discharge such waste prior to receiving a permit); provided, however, that any owner of a property from which such waste is being discharged pursuant to a permit in effect on the effective date of the effective date of this Part shall, within 30 days of this Part, apply to the Borough in writing for a new permit to make such a discharge (and commencing 90 days after the effective date of this Part, and shall not continue discharging such waste unless a new permit has been reissued).
   3.   The application for an industrial waste discharge permit shall be made on a form provided for that purpose by the Borough, and shall be fully completed under oath by the property owner, user, or a duly authorized and knowledgeable officer, agent or representative thereof, and acknowledged. The person making the application shall also submit such scientific or testing data, or other information, as may be required by the Borough and shall pay an application fee and shall reimburse the Borough for all expenses incurred as a result of the processing of the application. The Borough shall also have, at its discretion, the right to inspect the premises, equipment and material, and laboratory testing facilities of the applicant.
   4.   No discharge permit shall be issued by the Borough to any person whose discharge of material to sewers, whether shown upon the application or determined after inspection and testing conducted by the Borough, is not in conformance with Federal, Commonwealth of Pennsylvania, or Borough statutes, ordinances, or rules and regulations. The Borough shall state in writing the reason or reasons for denial, and said written communication shall be mailed or personally delivered to the applicant.
   5.   If the application for a permit is denied by the Borough, or if the discharge indicated from the permit application or inspection is not in accordance with the requirements of this Part, the user may have the Borough review the denial, provided the user shall give written notice of his request within 30 days after receiving the denial. The Borough shall review the permit application, the written denial, and such other evidence and matters as the applicant shall present at a public hearing following receipt of request for its review, and the decision of the Borough rendered publicly shall be final.
   6.   In the event that any discharge of material to a sewer shall materially and substantially differ in type and volume from that shown in the application and permit, the person and user shall immediately, upon order of the Borough, cease and desist from such discharge.
   7.   As EPA adds or amends specific pretreatment and effluent guidelines, or as the Borough deems necessary, the restrictions or conditions of a permit may require amendment. The Borough reserves the right to make such amendments as necessary in the judgement of the Borough. Within 9 months of the promulgation of a National Categorical Pretreatment Standard, the industrial waste permit of industrial users subject to such standards shall be deemed to have been revised to require compliance with such standard.
   8.   The Borough may suspend a permit when such suspension is necessary, in the judgement of the Borough, in order to stop the discharge which presents a hazard to the public hazard, safety, or welfare, to the environment or operations at the Borough’s treatment works or upon a finding that the discharger has violated any provision of this Part. Any discharger notified in such a suspension shall immediately stop the discharge of all wastewaters into the system. The Borough may reinstate the permit upon proof of satisfactory compliance with all discharge requirements of this Part and all other requirements of the Borough. Any person notified of a suspension of the wastewater treatment service and/or the industrial waste discharge permit shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the Borough may take such steps as deemed necessary including immediate severance of the sewer connection to prevent or minimize damage to the system or endangerment to any individuals. The Borough may reinstate the industrial waste discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Borough within 15 days of the date of occurrence.
   9.   Permits shall be issued for a specified time period not to exceed 5 years.
   10.   A permit may be revoked by the Borough for any of the following causes:
   A.   Failure of a permittee to accurately report his wastewater characteristics.
   B.   Failure of a permittee to report significant changes in operations which affect wastewater characteristics.
   C.   Refusal of access to the permittee’s premises for the purpose of inspection or monitoring.
   D.   Any violation of any condition of the permit or of this Part.
   11.   Industrial waste permits shall remain in effect only so long as the type and volume of wastewater discharged remains unchanged. Any person discharging wastes covered by an industrial waste discharge permit who contemplates a change in the method of operation or other factor which will alter the type or change in volume of waste then being discharged into the sewer system shall apply for a new industrial waste discharge permit at least 60 days prior to such a change and shall make such change prior to receiving from the Borough a new industrial waste discharge permit.
   12.   If additional pretreatment and/or operation and maintenance procedures are required for a permittee to meet all applicable regulations contained herein, the shortest schedule by which the permittee can provide. Such additional pretreatment and/or operation and maintenance procedures shall be submitted to the Borough. The completion date for this schedule shall not be later than the compliance date established for applicable pretreatment standards. The following conditions shall apply to this schedule:
   A.   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 permittee to meet the applicable pretreatment standards (e.g., hiring an engineer, completion preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).
   B.   No increment shall exceed 9 months.
   C.   Not later than 14 days following each date in the schedule and the final date for compliance, the permittee 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 permittee to return the construction to the schedule established. In no event shall more than 9 months elapse between such progress reports to the Borough.
   13.   The permittee shall maintain and retain records relating to wastewater discharged for a period of not less than 3 years and shall afford the Borough access thereto at all reasonable times.
(Ord. 91-4, 10/8/1991, §5.11; as amended by Ord. 92-2, 10/6/1992, §2)