(A) Wastewater dischargers. It shall be unlawful to discharge without a borough permit to any natural outlet within the borough, or in any area under the jurisdiction of said borough, and/or to the wastewater treatment plant any wastewater except as authorized by the borough in accordance with the provisions of this subchapter.
(B) Wastewater contribution permits.
(1) General permits. All significant users proposing to connect to or to contribute to the wastewater treatment plant shall obtain a wastewater discharge permit before connecting to or contributing to the wastewater treatment plant. All existing significant users connected to or contributing to the wastewater treatment plant shall obtain a wastewater contribution permit within 180 days after the effective date of this subchapter.
(2) Permit application. Users required to obtain a wastewater contribution permit shall complete and file with the borough, an application in the form prescribed by the borough, and accompanied by a fee of $500. Existing users shall apply for a wastewater contribution permit within 60 days after the effective date of this subchapter; and proposed new users shall apply at least 90 days prior to connecting to or contributing to the wastewater treatment plant. In support of the application the user shall submit, in units and terms appropriate for evaluation, the following information:
(a) Name, address and location (if different from the address);
(b) North American Industry Classification System (NAICS) number;
(c) Wastewater constituents and characteristics including, but not limited to, those mentioned in § 53.101 as determined by a reliable analytical laboratory. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to 33 U.S.C. § 1443(g) of the Act and contained in 40 C.F.R. Part 136, as amended;
(d) Time and duration of contribution;
(e) Average daily and three minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any;
(f) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation;
(g) Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged;
(h) Where known, the nature and concentration of any pollutants in the discharge which are limited by any borough, state or federal pre-treatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to, meet applicable pretreatment standards;
(i) If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standards. The following conditions shall apply to this schedule:
1. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction and the like);
2. No increment referred to in division (B)(2)(i)1. above shall exceed nine months; and
3. Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the borough including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the borough.
(j) Each product produced by type, amount, process or processes and rate of production;
(k) Type and amount of raw materials processed (average and maximum per day);
(l) Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system; and
(m) Any other information as may be deemed by the borough to be necessary to evaluate the permit application. The borough will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the borough may issue a wastewater contribution permit subject to terms and conditions provided herein.
(3) Permit modifications. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a wastewater contribution permit as required by division (B)(2) above, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater contribution permit shall submit to the borough within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by divisions (B)(2)(h) and (i) above.
(4) Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this subchapter and all other applicable regulations, user charges and fees established by the borough. Permits may contain the following:
(a) The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;
(b) Limits on the average and maximum wastewater constituents and characteristics;
(c) Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization;
(d) Requirements for installation and maintenance of inspection and sampling facilities;
(e) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;
(f) Compliance schedules;
(g) Requirements for submission of technical reports or discharge reports (see division (C) below);
(h) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the borough, and affording borough access thereto;
(i) 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;
(j) Requirements for notification of slug discharges as per § 53.104(B); and
(k) Other conditions as deemed appropriate by the borough to ensure compliance with this subchapter.
(5) Permits duration. Permits shall be issued for a specified time period not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user’s existing permit, accompanied by a renewal fee of $500. The terms and conditions of the permit may be subject to modification by the borough during the term of the permit as limitations or requirements as identified in § 53.101 are modified or other just cause exists. The user shall be informed of any proposed changes in his or her 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.
(6) Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the borough. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
(C) Reporting requirements for permittee.
(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 wastewater treatment plant, any user subject to pretreatment standards and requirements shall submit to the borough a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. 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 user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, and certified to by a qualified professional.
(2) Periodic compliance reports.
(a) 1. Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or in the case of a new source, after commencement of the discharge into the wastewater treatment plant, shall submit to the borough the following monthly reports:
Sampling Frequency | |
BOD | Twice weekly (8 samples per month) |
Oil/grease | Twice weekly (8 samples per month) |
pH | Daily |
TSS | Twice weekly (8 samples per month) |
2. In addition the user shall submit to the borough during the months of July and January, unless required more frequently in the pretreatment standard or by the borough, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. This report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in division (B)(4)(b) above. At the discretion of the borough and in consideration of such factors as local high or low flow rates, budget cycles and the like, the borough may agree to alter the months during which the above reports are to be submitted.
(b) 1. The borough may impose mass limitations on 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 division (C)(1) above shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the borough, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to 33 U.S.C. § 1314(g) of the Act and contained in 40 C.F.R. Part 136, and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator.
2. Comment: where 40 C.F.R. Part 136, does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator.
(D) Monitoring facilities.
(1) The borough shall require to be provided and operated at the user’s own expense, monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility shall be situated on the user’s premises.
(2) There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.
(3) 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.
(4) The borough may require the installation of an automatic sampler device. The sampler shall be designed to automatically collect composite wastewater samples for as many as eight consecutive days. The unit shall be designed to refrigerate the samples in warm weather and a heater in cold weather conditions. The unit shall be installed and maintained by the user and made accessible to the borough. The user or the user’s employees shall not remove or cause to be removed any samples from the unit without prior approval of the borough. Unit design and installation plans shall require borough approval prior to construction.
(E) Inspection and sampling. The borough shall inspect the facilities of any user to ascertain whether the purpose of this subchapter 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 at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of his or her duties. The borough, approval authority and (where the NPDES state is the approval authority) EPA shall have the right to set up on the user’s property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that upon presentation of suitable identification, personnel from the borough, approval authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(F) Pretreatment.
(1) Users shall provide necessary wastewater treatment as required to comply with this subchapter and shall achieve compliance with all federal categorical 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 subchapter. 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.
(2) The borough shall annually publish in The Allied News 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.
(3) All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or approval authority upon request.
(G) Confidential information.
(1) Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the borough that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
(2) When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this subchapter, the National Pollutant Discharge Elimination System (NPDES) permit, state disposal system permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
(3) Information accepted by the borough as confidential shall not be transmitted to any governmental agency or to the general public by the borough until and unless a ten-day notification is given to the user.
(1980 Code, Ch. 20, Part 5, § 84) (Ord. 1226, passed 3-18-1991, § 4) Penalty, see § 53.999