§ 18-173.   Preliminary Treatment and Handling of Industrial/Commercial Wastes.
   1.   The Borough may require the owner of an improved property to construct, operate and maintain at his expense a preliminary treatment facility when, in the opinion of the Borough, such facility is necessary to reduce quantities and/or concentrations of pollutants to:
   A.   Come within maximum limits specified in this Part.
   B.   Prevent excessive quantities of flow or concentrations of pollutants from disrupting operation of the Borough’s treatment system.
   2.   No preliminary treatment plant and facility shall be constructed or operated unless all plans, specifications, technical operating data, and other information pertinent to its proposed operation and maintenance are reviewed by the Borough and found by the Borough to conform to all Borough regulations; and, unless written approval of the plans, specifications, technical operating data and sludge disposal method has been obtained from U.S. Environmental Protection Agency, Commonwealth of Pennsylvania, and any other local, State, or Federal agency having regulatory authority with respect thereto. Such approvals shall not relieve the discharger from meeting any of the provisions of this Part.
   3.   All such preliminary treatment facilities as required by this Part shall be maintained continuously in satisfactory and effective operating condition by the user or person operating and maintaining the facility served thereby, and at the user’s expense. The Borough shall have access to such facilities at all reasonable times for purpose of inspection and testing.
   4.   No provision contained in this Part shall be construed to prevent or prohibit a separate or special contract or agreement between the Borough and any industrial/commercial user whereby industrial waste and wastewater of unusual strength, character or composition may be accepted by the Borough for treatment, subject to additional payment by the industrial/commercial user; provided, however, that such contract or agreement shall have the prior approval of the Borough and provided such industrial/commercial waste is in compliance with categorical pretreatment standards and all applicable local, State and Federal regulations.
   5.   The Borough reserves the right to reject admission to the system of any waste harmful to the treatment or collection facilities or to receiving stream, to compel discontinuance of use of the treatment discharges deemed harmful to or having a deleterious effect upon any portion of the treatment works or receiving stream.
   6.   Users shall provide necessary wastewater treatment as required to comply with this Part 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 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 user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Borough under the provisions of this Part. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Borough prior to the user’s initiation of the changes.
   7.   The Borough shall annually publish in the local newspaper a list of the users which were not in compliance with any pretreatment requirements or standards at least once during the 12 previous months. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months.
   8.   All records relating to compliance with pretreatment standards shall be made available to officials of the EPA and Borough upon request.
(Ord. 91-4, 10/8/1991, §5.13; as amended by Ord. 92-2, 10/6/1992, §2)