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Borough of Chambersburg, PA
Tuesday, March 27, 2012
Chapter 242. SEWERS AND SEWAGE DISPOSAL
[HISTORY: Adopted by the Mayor and Town Council of the Borough of Chambersburg as
indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 113.
Floodplain management — See Ch. 154.
Health and sanitation — See Ch. 168.
Plumbing standards — See Ch. 216.
Excavations in streets — See Ch. 254.
Subdivision and land development — See Ch. 258.
Water — See Ch. 292.
Article I. Connections Outside Borough Limits
[Adopted 6-15-1948]
§ 242-1. Conditions for connection to Borough sewer system.
Subject to the specific approval of the Town Council of the Borough of Chambersburg in each
instance first had and obtained, a connection may be permitted to be made to the sanitary sewer
system of the Borough of Chambersburg from a dwelling situated outside of the Borough limits if the
following conditions are fully met:
A. The dwelling to be connected is situated on a lot, part of the street frontage of which is within
the limits of the Borough of Chambersburg, or which abuts upon a street along which the
Borough line passes at that point.
B. The total length of the house connection does not exceed 150 feet. Not more than one
dwelling may be served by one house connection.
C. No extension of the Borough sewer mains or laterals is required to make the connection.
D. All costs of making the connection, including the cost of repairing the street, are paid by the
owner of the dwelling to be connected.
E. All plumbing and drainage pipes and fixtures are installed in accordance with the Borough
Plumbing Codeand in
Editor's Note: See Ch. 216, Plumbing Standards, Art. II, Plumbing Code.
accordance with all ordinances of the Borough in reference to the connection to and use of the
sanitary sewer system of the Borough.
F. All water used in the dwelling to be connected is supplied from the Borough water system.
G. No building other than a dwelling used for dwelling purposes may be connected, and any
dwelling converted to other purposes in whole or in part after connection will not be
permitted to remain connected to the Borough sewer system.
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§ 242-2. Service charges.
[Amended 2-11-1976 by Ord. No. 76-10]
Sewer service charges to dwellings outside the Borough
limits shall be equal to in-Borough sewer service charges for dwellings, plus 25% additional. Such
charges shall be collected in the same manner as other sewer service charges are collected.
§ 242-3. Other ordinances applicable.
All ordinances affecting the use of the Borough sewer system which are now in force or which may
be enacted hereafter and any amendments thereto shall apply to sewer connections permitted to be
made under the terms of this article, except to the extent that such ordinances are inconsistent
herewith.
§ 242-4. Policy on connections to dwellings outside Borough.
The Borough of Chambersburg does not solicit and does not represent itself as ready to furnish sewer
service to dwellings outside of the Borough limits of the Borough of Chambersburg, and any
permission to connect dwellings outside of the Borough of Chambersburg with the Borough sanitary
sewer system is given solely as an accommodation to the property owner and is with the express
understanding and condition that the Borough of Chambersburg reserves the right to terminate any and
all such connections at any time at its sole discretion without liability to any person or persons whose
sewer service may be disconnected, and the conditions of this article and any other ordinance which
may be hereafter enacted shall be binding not only upon the owners of the dwellings at the time of
any sewer connections but upon the heirs and assignees of any such dwellings.
Article II. Individual Sewage Disposal Systems
[Adopted 7-2-1975 by Res. No. 75-29]
§ 242-5. Enforcement of Sewage Facilities Act.
[Amended 6-28-1978 by Res. No. 78-18; 7-26-1978 by Res. No. 78-21]
A. Richard M. Bodner, George H. Herbert and Charles M. Sioberg are hereby appointed Sewage
Enforcement Officers for the Borough of Chambersburg to administer in the Borough of
Chambersburg all requirements of the Pennsylvania Sewage Facilities Act.
Editor's Note: See
35 P.S. § 750.1 et seq.
B. The compensation of each officer shall be $17 per hour for the time spent on such work,
without any allowance for travel time. Each officer shall be considered an independent
contractor and shall be entitled to no other benefits or compensation for his services.
C. The following application fees are imposed upon the applicant and shall be paid directly to the
Borough of Chambersburg:
(1) Basic sewage permit fee: $60, payable as follows: $30 payable upon initial application to
the Borough and $30 payable to the Borough before issuance of a sewage disposal permit
by the Sewage Enforcement Officer.
(2) Alternate system sewage permit fee: $70, payable as follows: $30 payable upon initial
application to the Borough and $40 payable to the Borough before issuance of a sewage
disposal permit by the Sewage Enforcement Officer.
(3) Reissuance of a new permit to a transferee of a previously approved site: $5.
(4) Act 537 Plan Revision Modules:
(a) Community No. 1: $5 per lot.
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(b) Community No. 2: Act 537 Module Reviews have not been addressed.
(c) Module review for other than residential developments will require fees commensurate
with the work performed as determined by the municipality.
(5) Existing system alterations and repairs:
(a) Alterations to existing systems not requiring soils test: $30.
(b) Application for any repair services on an existing on-site disposal system: $55.
D. All application forms shall be obtained at the office of the Manager of Utilities for the
Borough of Chambersburg and all applications shall be filed at the office of the Manager of
Utilities of the Borough of Chambersburg, who will transmit said applications to the Sewage
Enforcement Officer, who will then contact the applicant concerning the inspections, etc.,
which must be made in order to be granted a permit.
E. The Manager of Utilities is authorized to make such other rules and regulations to carry out
the authority and duty of the Borough of Chambersburg under the Pennsylvania Sewage
Facilities Act as he may deem necessary and to the extent such rules and regulations are
consistent with said Act and the rules and regulations adopted thereunder.
F. The Manager of Utilities is further authorized in behalf of the Borough of Chambersburg to
apply for and obtain any and all grants from the Commonwealth of Pennsylvania to which it
is entitled under the program established by said Pennsylvania Sewage Facilities Act.
Article III. Industrial Pretreatment
[Adopted 12-21-1994 by Ord. No. 94-21]
§ 242-6. Purpose and policy.
[Amended 5-10-1995 by Ord. No. 95-8]
A. Purpose. This article sets forth the following uniform requirements for users of the sewer
system and enables the Borough to regulate the use of the sewer system and to comply with
the requirements of the Clean Water Act and other applicable state and national laws and
regulations:
(1) Requirements regulating the introduction of wastewater into the sewer system by all users.
(2) Requirements establishing an industrial pretreatment program to monitor and control the
discharge of industrial wastes.
B. Objectives. The objectives of this article are to:
(1) Prevent the introduction of pollutants into the sewer system that will cause interference,
increase the difficulty or costs of operation of the collection system or the sewage
treatment plant or reduce the efficiency or effectiveness of the collection system or
sewage treatment plan.
(2) Prevent pass-through of pollutants, inadequately treated, to the environment.
(3) Protect workers and the general public from exposure to toxic or other dangerous
substances.
(4) Protect the sewer system from damage.
(5) Improve the opportunity to recycle or reclaim wastewater or sludge.
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(6) Provide for the equitable distribution of the cost of the operation, administration and
enforcement of the industrial pretreatment program.
(7) Enable the Borough to comply with all applicable state and national laws, rules and
regulations, including NPDES permit conditions, sludge use and disposal requirements, air
quality standards and water quality standards.
C. Reservation of rights. Notwithstanding any other provision to the contrary, nothing in this
article shall be deemed to be a legally binding commitment under the Clean Water Act, 33
U.S.C § 1251 et seq., the Clean Streams Law, 35 P.S. § 691.1 et seq., and applicable
regulations (e.g., 40 CFR Part 403, Title 25 Pa. Code) for the Borough to undertake
pretreatment implementation or enforcement activities beyond the minimum otherwise
required by these laws and regulations.
D. Borough implementation of pretreatment provisions for significant industrial users will be
reflected in a wastewater discharge permit, special agreement and/or waiver, as applicable, as
provided for by §§ 242-11 and 242-8, Subsection C(2), of this article. Nevertheless, the
Borough maintains discretionary authority to undertake pretreatment activities beyond the
minimum required.
§ 242-7. Definitions and word usage.
A. The following words, terms and phrases will hereinafter have the meanings set forth in this
section, unless the context clearly requires a different meaning:
ACT or THE ACT
The Federal Water Pollution Control Act, also known as the "Clean Water Act," as
amended, 33 U.S.C. § 1251 et seq.
APPROVAL AUTHORITY
The Regional Administrator of Region III of the EPA.
AUTHORIZED REPRESENTATIVE (OF INDUSTRIAL USER)
(1) An authorized representative of an industrial user may be:
(a) A principal executive officer of at least the level of president, secretary, treasurer or
vice president in charge of a principal business function, or any other person who
performs a similar policy- or decision-making function, if the industrial user is a
corporation;
(b) A general partner or proprietor if the industrial user is a partnership or
proprietorship, respectively;
(c) A principal executive officer or director having responsibility for the overall
operation of the discharging facility or a ranking elected official if the industrial user is
a governmental entity, charitable organization or other such unincorporated entity; or
(d) A duly authorized representative of the individual designated above in Subsection
(1)(a), (b) or (c) if such representative, by name or position, is:
[1] Identified in writing submitted to the pretreatment coordinator; and
[2] Responsible for the overall operation of the facilities from which the
discharge originates or has overall responsibility for environmental matters for the
company.
(2) If an authorization under Subsection (1)(d) of this definition is no longer accurate because
a different individual or position has responsibility for the overall operation of the facility or
overall responsibility for the environmental matters for the company, a new authorization
satisfying the requirements of Subsection (1)(d) of this definition must be submitted to the
Borough prior to or together with any reports to be signed by an authorized representative.
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BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under
standard laboratory procedure, five days at 20° C. (64° F.), expressed in terms of weight
and concentration [milligrams per liter (mg/l)].
BOROUGH
The Borough of Chambersburg, Franklin County, Pennsylvania, a municipal corporation
existing under the laws of the Commonwealth of Pennsylvania, and the Mayor and Town
Council thereof, its agents and officials.
BUILDING SEWER
A sanitary sewer conveying wastewater from the premises of a user to the sewer system.
BYPASS
The intentional diversion of wastewater from any portion of an industrial user's
pretreatment facility.
CATEGORICAL INDUSTRIAL USER
An industrial user subject to categorical standards.
CATEGORICAL STANDARDS
National Categorical Pretreatment Standards.
CERTIFIED PROFESSIONAL
A registered professional engineer under the laws of the state.
CHAIN OF CUSTODY
A record of sample collection indicating the place, date and time of collection and the
person collecting the sample. It also includes a record of each person involved in
possession of the sample, including the laboratory person who takes final possession of
the sample for the purpose of analysis.
CLEAN STREAMS LAW
The Act of June 22, 1937, P.L. 1987, as amended, 35 P.S. §§ 691.1 to 691.702.
COLOR
Color of light transmitted through a waste after removal of all suspended matter,
including pseudo-colloidal particles, and measured in platinum-cobalt units.
COMBINED WASTE FORMULA
A procedure for calculating discharge concentrations of constituents of industrial waste,
as defined in 40 CFR 403.6(e).
COMPLIANCE
Adherence to conditions or requirements of this article or the industrial pretreatment
program, any written directions issued by the Borough or any wastewater discharge
permit or other permit issued under the provisions of this article.
COMPOSITE SAMPLE
A sample composed of individual subsamples taken at regular intervals over a specified
period of time. Subsamples may be proportioned by time interval or size according to
flow (flow-proportioned composite sample) or be of equal size and taken at equal time
intervals (equal-time composite sample). A composite grab sample is composed of
individual grab samples collected and preserved individually and combined for analysis
only at the time of analysis.
DAILY MAXIMUM
The highest value obtained for samples collected in any calendar day. When used in a
limit, the daily maximum is the highest value allowed in any composite sample, or the
maximum value allowed as an average of one or more grab samples taken during a
calendar day. The daily maximum may also be expressed as the maximum mass allowed
to be discharged during any one calendar day.
DISCHARGE
The conveyance of any water or wastewater into the sewer system, including the delivery
of water or wastewater by truck.
DOMESTIC WASTE
Normal household wastes from kitchens, water closets, lavatories and laundries, or any
waste from a similar source and possessing the same characteristics.
ENFORCEMENT RESPONSE PLAN
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A plan and guide developed pursuant to 40 CFR 403.8(f)(5) providing for the
enforcement of the industrial pretreatment program.
EPA
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.
EXISTING SOURCE
Any source of discharge, the construction or operation of which commenced prior to the
publication by the EPA of proposed categorical standards, which categorical standards
will be applicable to such source if the categorical standard is thereafter promulgated in
accordance with Section 307 of the Act.
GARBAGE
Solid or semisolid waste resulting from the preparation, cooking and dispensing of food
and from the handling, storage and sale of produce.
GRAB SAMPLE
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 within a period of 15 minutes or less.
GROUNDWATER
Water which is contained in or passing through the ground.
HOLDING TANK WASTE
The liquid and/or solid material from a septic tank, cesspool or similar domestic waste
treatment or containment system or waste from holding tanks such as those found in
vessels, chemical toilets, campers or house trailers.
INDUSTRIAL PRETREATMENT PROGRAM
The sum of the provisions of this article, amendments thereto, and any activities
authorized by this article as regards the regulation and control of industrial users to the
extent required by the federal minimum pretreatment regulations set forth in 40 CFR Part
403.
INDUSTRIAL USER
Any person who discharges industrial waste into the sewer system.
INDUSTRIAL WASTE
Any solid, liquid or gaseous substance, or form of energy, which is produced as a result,
whether directly or indirectly, of any industrial, manufacturing, trade or business process
or activity, or in the course of developing, recovering or processing natural resources,
and which is discharged into the sewer system, but not noncontact cooling water or
sanitary sewage. Any wastewater which contains industrial waste and which is discharged
from an industrial, manufacturing, trade or business premises is considered industrial
waste for the purpose of this article.
INFECTIOUS WASTE
Any substance which is discharged and which consists of or is contaminated by
pathogens or other etiologic agents and which has not been sterilized, neutralized or
otherwise rendered harmless. "Infectious waste" includes but is not limited to
contaminated blood, blood products or other bodily fluids (excepting excreta discharged
by normal bodily functions); wastes, including excreta, from patient isolation areas;
laboratory samples or test materials; animal wastes and bedding; body parts; pathology
and autopsy wastes; and glassware, hypodermic needles, surgical instruments and other
sharps.
INTERFERENCE
The condition in which discharge, alone or in conjunction with discharges from other
sources:
(1) Inhibits or disrupts the processes or operations of the sewage treatment plant or the
sewage collection system or the processing, use or disposal of sludge; or
(2) Is a cause of a violation of any requirement of the Borough's NPDES permit (including an
increase in the magnitude or duration of a violation) or of the prevention of sewage sludge
use or disposal in compliance with the following statutory provisions and regulations or
permits issued thereunder (or more stringent state or local regulations): Section 405 of the
Clean Water Act and the Solid Waste Disposal Act (SWDA) [including Title II, more
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commonly referred to as the "Resource Conservation and Recovery Act (RCRA)"], and
including state regulations contained in any state sludge management plan prepared pursuant
to Subtitle D of the SWDA, the Clean Air Act, the Toxic Substances Control Act and the
Marine Protection, Research and Sanctuaries Act, or which results in or increases the severity
of a violation of other state or national environmental statutes, rules or regulations.
LOCAL LIMITS
Numerical limitations on the concentration, mass or other characteristics of wastes or
pollutants discharged, or likely to be discharged, by industrial users and which are
developed by the Borough.
MANHOLE
A structure allowing access from the surface of the ground to a sewer.
MG/L
Milligrams per liter; a measure of concentration of waterborne substances.
MONTHLY AVERAGE
The arithmetic mean of all daily determinations of concentration made during a calendar
month.
NATIONAL CATEGORICAL PRETREATMENT STANDARD
Any regulation 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 applies to a
specific category of industrial users. National Categorical Pretreatment Standards are
enumerated in 40 CFR, Chapter I, Subchapter N, Parts 405 et seq.
NEW SOURCE
Any building, structure, facility or other source from which there is or may be a
discharge of pollutants, the construction of which commenced after the publication of
proposed categorical standards under Section 307(c) of the Act which will be applicable
to such source if such categorical standards are thereafter promulgated in accordance with
that section. Determination of the applicability of new source standards shall be made as
provided in the Act and 40 CFR 403.3.
NONCOMPLIANCE
Not in compliance.
NONCONTACT COOLING WATER
The water from any use, such as air conditioning, cooling or refrigeration, which does
not come into contact with any raw material, product, by-product or waste and to which
the only pollutant added is heat.
NORMAL PRODUCTION DAY
For the purposes of sampling wastewater, a normal production day is that period of time
during which wastewater is discharged and production, cleanup and other activities that
normally produce wastewater or industrial waste are occurring. If a sample is specified to
be collected during a normal production day, it should not include aliquots taken during
low waste stream flow periods that are not representative of normal activities or during
times when wastewater is not being discharged.
NPDES PERMIT
A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
OPERATOR
Any person having charge, care, control or management of a pretreatment facility for
industrial wastes or of a truck or trucks used in the removal, transport or disposal of
wastewater or industrial wastes.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of an improved
property or facility.
PASS-THROUGH
Discharge of pollutants which exits the POTW to the waters of the state and, either alone
or in conjunction with other discharges, causes a violation of the Borough's NPDES
permit or an increase in the magnitude or duration of any such violation; or the
concentration of pollutants in the sludge so that the end use of the sludge causes or
contributes to pollution, harm to the environment or a violation of any state or national
sludge disposal regulation, guideline or standard.
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PERSON
Any individual, partnership, copartnership, firm, company, corporation, association, joint-
stock company, trust, estate, governmental entity or any other legal entity, or his or its
legal representatives, agents or assigns. The masculine gender shall include the feminine,
and the singular shall include the plural where indicated by the context.
pH
The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed
in moles per liter of solution.
POLLUTANT
Any substance, including but not limited to dredged spoil, solid waste, incinerator
residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar
dirt, medical wastes, backwash from water filtration and industrial, municipal and
agricultural waste, or having certain characteristics such as biochemical oxygen demand,
color, pH or toxicity.
POLLUTION
The contamination of any waters of the state such as will create or is likely to create a
nuisance or to render such waters harmful, detrimental or injurious to public health,
safety or welfare or to domestic, municipal, commercial, industrial, agricultural,
recreational or other legitimate beneficial uses or to livestock, wild animals, birds, fish or
other aquatic life; or contamination of the air, soil or of the environment so as to produce
or be likely to produce similar deleterious effects.
POTW
A publicly owned treatment works as defined by Section 212 of the Act (33 U.S.C.
§ 1292). The term includes the sewage collection system and the sewage treatment plant.
PRETREATMENT
The reduction of the amount of pollutants, the elimination of pollutants or the alteration
of the nature of pollutant properties in wastewater prior to or in lieu of discharging or
otherwise introducing such pollutants into a sewer system. The reduction or alteration can
be obtained by physical, chemical or biological processes or by means of other process
changes, except as prohibited by 40 CFR 403.6(d).
PRETREATMENT COORDINATOR
The agent of the Borough designated to administer the provisions of the industrial
pretreatment program.
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement, other than a categorical standard, imposed on
an industrial user by Section 307(b) and (c) of the Act, the state or the industrial
pretreatment program.
PROHIBITED DISCHARGE
Any discharge which is prohibited under § 242-8A(3) of this article.
PROHIBITIVE DISCHARGE STANDARD
Any regulation developed under Section 307(b) and (c) of the Act (33 U.S.C. § 1317),
including prohibitive discharge limits under 40 CFR 403.5. Prohibitive discharge
standards are included in the list of prohibited discharges in § 242-8A(3) of this article.
QUALIFIED ANALYST
Any person who has demonstrated competency in the analysis of wastewater by
submission of his generally recognized documentation of competency to the Borough or
who is normally employed in the capacity of analyst by a professional analytical
laboratory.
REFRIGERATION
Maintenance of temperature for storage, preservation of food or as a process of
manufacturing.
SANITARY SEWAGE
The normal water-carried domestic wastes from any improved property, but excluding
effluent from septic tanks or cesspools; rain, snow or stormwater; groundwater; or other
collected water from roofs, drains or basements.
SANITARY SEWER
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A sewer designed and constructed primarily for carrying sanitary sewage or industrial
wastes, not storm-, surface or ground waters.
SEWAGE COLLECTION SYSTEM
All facilities of the Borough or any municipality party to a service agreement with the
Borough, as of any particular time, used or usable for collecting, transporting, pumping
and disposing of wastewater, which facilities are connected to and served by the sewage
treatment plant.
SEWAGE TREATMENT PLANT
That portion of the sewer system owned and operated by the Borough which is designed
to provide treatment of wastewater and discharge of treated effluent to the environment.
SEWER
A pipe or conduit for conveying wastewater or stormwater.
SEWER SYSTEM
The sewage collection system, sewage treatment plant and any sewers that convey
wastewater to the sewage treatment plant. For the purposes of this article, "sewer system"
shall also include any sewers that convey wastewater to the sewage treatment plant from
persons who are users of the sewer system.
SIGNIFICANT INDUSTRIAL USER
Except as provided by 40 CFR 403.3(t)(2), an industrial user which:
(1) Has a discharge flow of 25,000 gallons or more of industrial waste per average workday;
(2) Discharges industrial waste which makes up 5% or more of the average dry weather
organic capacity of the sewage treatment plant;
(3) Is regulated by categorical standard; or
(4) Is determined by the Borough to have the reasonable potential of adversely affecting the
operation of the POTW, causing interference or pass-through, or of violating any pretreatment
requirement.
SIGNIFICANT NONCOMPLIANCE
A noncompliance which meets or exceeds standards of significant noncompliance
determined by the Borough and contained in § 242-8D(11) of this article.
SIGNIFICANT VIOLATOR
Any industrial user in significant noncompliance.
SLUG or SLUG LOAD
Any prohibited discharge.
SPCC PLAN
A spill prevention, control and countermeasure plan prepared by an industrial user to
minimize the likelihood and intensity of a slug load or spill and to expedite control and
cleanup activities should a slug load or spill occur.
SPILL
Any discharge of a nonroutine, episodic nature, including but not limited to an accidental
spill or a noncustomary batch discharge, or the control or cleanup activities associated
with such an occurrence. An accidental spill may result from the spilling, overflowing,
rupture or leakage of any storage, process or transfer container.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification Manual issued by the
Executive Office of the President, Office of Management and Budget, 1972.
STATE
Commonwealth of Pennsylvania.
STORM SEWER
A sewer designed and constructed primarily for the purpose of carrying stormwater, not
sanitary sewage or industrial wastes. Storm sewers are not part of the sewage collection
system.
STORMWATER
Any flow of water occurring during or following any form of natural precipitation and
resulting therefrom.
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SUPERINTENDENT
The Superintendent of the Water and Sewer Department of the Borough or his duly
authorized representative.
SUSPENDED SOLIDS
The total suspended matter that floats on the surface of, or is suspended in, water,
wastewater or other liquids and which is removable by laboratory filtering.
TOTAL SOLIDS
The sum of the dissolved and undissolved solid constituents of water or wastewater.
TOTAL TOXIC ORGANICS
The sum of all quantifiable values of various organic pollutants as determined by the
Borough or, for certain categorical industrial users, as defined in the applicable
categorical standard.
TOXIC ORGANIC MANAGEMENT PLAN
A plan submitted in lieu of testing for total toxic organics in which an industrial user
specifies methods of control to assure that total toxic organics do not routinely enter the
sewer system.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by
the Administrator of the Environmental Protection Agency under the provision of Section
307(a) of the Act or identified in sludge regulations under Section 405(d) of the Clean
Water Act which are applicable to the Chambersburg POTW sludge.
UNAUTHORIZED DISCHARGE
Discharge of an unauthorized waste, or a discharge which otherwise is not in compliance
with the requirements of the industrial pretreatment program, this article or other rules or
regulations of the Borough.
UNAUTHORIZED WASTE
Any substance which is discharged into the sewage collection system which is not in
compliance with the provisions of the industrial pretreatment program or which is
discharged by a person in violation of any of the provisions of this article.
USER
Any person who contributes, causes or permits the discharge of wastewater into the
sewer system.
WASTEWATER
Industrial wastes 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 enters the sewer system.
WASTEWATER DISCHARGE PERMIT
As set forth in § 242-8C of this article.
WATERS OF THE STATE
All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs,
aquifers, irrigation systems, drainage systems and all other bodies or accumulations 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.
B. Shall is mandatory; may is permissive.
§ 242-8. Discharges into sewer system.
A. Regulated discharges.
(1) Discharge of stormwaters. No person shall discharge or cause or permit to be discharged
any stormwater, surface water, groundwater, roof water, subsurface drainage, building
foundation drainage or stormwater from pavements and areaways into any sanitary sewer.
(2) Storm sewers. (Reserved)
(3) Prohibited discharges. No user shall discharge or cause to be discharged, directly or
indirectly, any pollutant or wastewater which will interfere with the operation or
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performance of the sewer system. These general prohibitions apply to all users, whether or
not the users are subject to categorical standards or any other pretreatment requirements.
No user may discharge any of the following substances to the sewer system:
(a) Any liquids, solids or gases which by reason of their nature or quantity are, or may be,
sufficient either alone or by interaction with other substances to cause fire or
explosion or be injurious in any other way to the sewer system or to the operation of
the sewer system.
[1] 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.
[2] At no time shall the closed-cup flashpoint of the discharged wastewater be less
than 140° F. (60° C.) using the test methods specified in 40 CFR 261.21.
Prohibited materials include but are not limited to the following substances in
concentrations which cause exceedance of the above standard: gasoline, kerosene,
naphtha, benzene, ethers, alcohols, peroxides, chlorates, perchlorates, bromates and
carbides.
(b) Solid or viscous substances which may cause obstruction to the flow in a sewer or
other interference with the operation of the sewer system, 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 or
glass grinding or polishing wastes.
(c) Any wastewater having a pH less than 6.0 or higher than 10.0 or wastewater having
any other corrosive property capable of causing damage or hazard to structures,
equipment and/or personnel of the sewer system.
(d) Any wastewater containing pollutants in sufficient quantity, either singly or by
interaction with other constituents of the wastewater, to injure or interfere with any
wastewater treatment process, constitute a hazard to humans or animals, create a toxic
effect in the receiving waters of the sewage treatment plant or exceed the limitation
set forth in an applicable categorical standard.
(e) Any noxious or malodorous liquids, gases or solids which, either singly or by
interaction with other substances present in the sewer system, are sufficient to create a
public nuisance or hazard to life or are sufficient to prevent entry into the sewer
system for maintenance and repair.
(f) Any substance which results in the formation or release of toxic gases, vapors or fumes
in a quantity that may cause acute worker health and safety problems.
(g) Oil and grease (Hexane extractable material by n-Hexane extraction and gravimetry
USEPA Method 163, Rev. A) in amounts which exceed 100mg/L.
[Amended 7-23-2002 by Ord. No. 2002-11
Editor's Note: This ordinance also repealed former
Subsection A(3)(h), concerning fats, oils, greases, etc., which immediately followed this subsection and
provided for the redesignation of former Subsection A(3)(i) through A(3)(r) as Subsection A(3)(h) through A
]
(3)(q), respectively.
(h) Any substance which may cause the sewage treatment plant's effluent or any other
product of the sewage treatment plant, such as residues, sludges or scums, to be
unsuitable for reclamation and reuse or to interfere with the reclamation process. In no
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Borough of Chambersburg, PAPage 12 of 40
case shall a substance discharged to the sewer system cause the sewage treatment
plant to be in noncompliance with sludge use or disposal criteria, guidelines or
regulations affecting sludge use or disposal developed pursuant to the Clean Water
Act, Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act
or state criteria applicable to the sludge management method being used.
(i) Any substance which will cause the Borough to violate its NPDES and/or state water
quality management permit or applicable receiving water quality standards.
(j) Any wastewater with objectionable color which will pass through the treatment plant or
which will cause or contribute to pollution, such as but not limited to dye wastes and
vegetable tanning solutions.
(k) Any wastewater having a temperature which will inhibit biological activity in the
sewage treatment plant, resulting in interference, but in no case wastewater with a
temperature at the discharge into the sewer system which exceeds 40° C. (104° F.).
(l) Any pollutants, including oxygen-demanding pollutants (BOD, etc.), released at a flow
rate and/or pollutant concentration which will cause interference with the sewage
treatment plant or interfere with the operation of the sewer system.
(m) Any wastewater containing any radioactive wastes or isotopes of such half-life or
concentration as may exceed limits established by the Borough or applicable state or
national standards, cause interference or otherwise adversely impact the POTW or
cause or contribute to pollution.
(n) Any trucked or hauled wastewater or pollutants at any point other than a point
specifically designated by the Borough.
(o) Any wastewater which is incompatible with treatment processes in use at the sewage
treatment plant so as to cause interference or pass-through.
(p) Any wastewater containing any compounds or salts of aldrin, dieldrin, endrin, lindane,
methoxychlor, toxaphene, dichlorophenoxyacetic acid, trichlorophenoxyproprionic acid
or other persistent herbicides, pesticides or rodenticides.
(q) Any infectious waste.
(4) Unauthorized discharges. Except as otherwise provided in § 242-11 of this article,
discharge of any prohibited substance listed under Subsection A(3) of this section shall be
considered an unauthorized discharge, and the Borough may take whatever steps are
necessary to halt such a discharge, as set forth in Subsection D of this section.
(5) Categorical standards. If the categorical standards for a particular industrial user are more
stringent than local limits or other requirements imposed under this article, then the
categorical standards shall apply. The National Categorical Pretreatment Standards as set
forth in 40 CFR Part 405 et seq. are hereby incorporated into the industrial pretreatment
program as program requirements for those industrial users subject to such categorical
standards.
(6) State requirements. State requirements and limitations on discharges shall apply in any
case where they are more stringent than national requirements and limitations or those
established under this article.
(7) Local limits. The Borough may establish, and review from time to time, local limits
regulating the discharge of specific pollutants by industrial users. Local limits developed
to prevent pass-through or interference or to implement prohibitive discharge standards
shall be approved by the approval authority.
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(a) Local limits may be established for any substance which is discharged, or is likely to
be discharged, to the sewer system.
(b) Local limits may limit concentration, mass or a combination of the two.
(c) The procedure for the calculation of local limits may be as recommended by the
approval authority or otherwise considered appropriate by the Borough.
(d) Local limits shall be calculated for pollutants, as deemed necessary, to prevent
interference and pass-through. In addition, local limits may be calculated to prevent
the discharge of toxic materials in toxic amounts; threats to worker health and safety;
and physical, chemical or biological damage to the sewer system.
(e) Local limits are applicable to all significant industrial users and may be included in
wastewater discharge permits. Local limits may be applied to other industrial users if
deemed appropriate by the Borough.
(f) Discharging any pollutant in excess of a local limit established for that pollutant shall
constitute an unauthorized discharge.
(8) Prohibition on dilution. Except where expressly authorized to do so by an applicable
categorical standard or pretreatment requirement, no industrial user shall, in any way,
attempt to dilute a discharge as a partial or complete substitute for adequate pretreatment
to achieve compliance with the limitations contained in applicable categorical standards or
in any other pollutant-specific limitation, including local limits, developed by the Borough
or state.
(9) Slug loads and spills. Each industrial user shall provide protection from spills or accidental
discharges that result in unauthorized discharges or slug load discharges. Facilities to
prevent spills and slug loads shall be provided and maintained at the owner's or industrial
user's own cost and expense.
(a) Notification. In the case of a spill or slug load or other unauthorized discharge, it is
the responsibility of the industrial user to immediately telephone and notify the
Superintendent of the incident. The notification shall include location of discharge,
type of waste, concentration and volume, corrective actions being taken or planned
and expected duration.
(b) Notice to employees. A notice shall be permanently posted on the industrial user's
bulletin board or other prominent place advising employees whom to call in the event
of a spill or other unauthorized discharge. Employers shall ensure that all employees
who may cause or suffer such a discharge to occur are advised of the emergency
notification procedure.
(c) Written notice.
[1] Within five days following a spill, slug load or other unauthorized discharge, the
industrial user shall submit to the Borough a detailed written report describing the
cause of the discharge and the measures to be taken by the industrial user to
prevent similar future occurrences.
[2] Such notification shall not relieve the industrial user of any expense, loss, damage
or other liability which may be incurred as a result of damage to the sewer
system, fish kills or any other damage to person or property, nor shall such
notification relieve the industrial user of any fines, civil penalties or other liability
which may be imposed by this article or applicable law. This notice requirement
may be waived by the Borough for an industrial user which is not required to
submit a plan under Subsection A(9)(d) below.
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(d) SPCC plans. All existing significant industrial users shall complete and obtain
approval of a spill prevention control and countermeasure (SPCC) plan or provide
acceptable evidence that such a plan is not necessary for their facility. No significant
industrial user which commences discharge to the sewer system after the effective date
of this article shall be permitted to introduce pollutants into the sewer system until this
requirement has been fulfilled. The Borough, at its discretion, may require an SPCC
plan for any other industrial user. Plans for significant industrial users shall, at a
minimum, contain the elements specified in 40 CFR 403.8(f)(2)(v)(A)-(D). SPCC
plans shall be submitted to the Borough for review and shall be approved by the
Borough before implementation of the plan or construction of any required facilities.
Review and approval of such plans, facilities and operating procedures by the
Borough shall not relieve the industrial user from the responsibility to modify its
facility as necessary to meet the requirements of the industrial pretreatment program.
(10) Drainage of water filtration system. Discharge of filter backwash water to the sewer
system shall be regulated as follows:
(a) Granular media filter backwash water may be discharged to the sewer system, subject
to all of the applicable provisions of this article.
(b) Diatomaceous earth filter backwash, if discharged to the sewer system, shall be
connected to the sewer system through settling tanks with no less than three months'
storage capacity of spent diatomaceous earth, which tanks shall be accessible for
removing solid waste for disposal.
(11) Trucked and hauled wastes.
(a) Discharge of trucked or hauled wastes shall only be made at a point designated by the
Borough.
(b) Such wastes shall conform to all requirements of the industrial pretreatment program
regarding prohibited discharges, regulated characteristics, local limits or other
requirements as to nature and concentration.
(c) No trucked or hauled wastes shall be discharged except as specifically approved by the
Borough. The Borough may require testing, reporting or other specific information to
be presented by the operator or owner prior to discharge.
(d) In order to implement the provisions of Subsection A(11)(c) of this section, the
Borough may establish a permit system or other means of control and may set rate,
frequency, volume or other controls on the discharges from such vehicles.
(12) Grease and sand traps. Grease, oil and sand interceptors or traps shall be provided by a
user when the Borough determines that such devices are necessary for the proper handling
of wastewaters containing greases, oils or settleable solids. Interceptors and traps shall be
installed, operated, maintained and cleaned properly so that they will consistently remove
the grease, oil or settleable solids. Interceptors and traps shall be properly designed to
accommodate the maximum flow rate expected to occur and shall be located so as to be
readily and easily accessible for cleaning and inspection. Commercial and institutional
establishments with food preparation or vehicular repair facilities shall document
compliance with requirements of the Borough Plumbing Code for the installation and
maintenance of devices designed to control the release of oil and grease and/or grit into
the sewer system. Such establishments are subject to inspection by the Borough at
reasonable times. A user who operates such an establishment shall maintain records of the
installation and maintenance of control devices and shall provide a Borough inspector
immediate access to commercial areas, control devices, and records of installation and
maintenance. A user shall adjust the frequency of maintenance as is necessary to prevent
releases. A user shall be in violation of this article if scheduled maintenance of devices is
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Borough of Chambersburg, PAPage 15 of 40
not provided or if releases result in violation of the Plumbing Code or this article, or if
releases result in fouling or obstruction of the public sewer. The Borough may, upon
determining that releases are occurring, issue an order for installation, replacement,
upgrade, and/or maintenance of a control device and a schedule for such actions. Failure
of a user to comply with such an order constitutes a violation of this article.
[Amended 7-23-2002 by Ord. No. 2002-11]
(13) Garbage grinders. The use of mechanical garbage grinders producing a finely divided
mass, properly flushed with an ample amount of water, shall be permitted in the kitchens
of dwelling units and food preparation areas of commercial or industrial establishments
upon the registration of each such device with the Borough.
(14) Notification requirements: hazardous wastes and hazardous substances.
(a) All industrial users shall notify the Borough, the EPA Regional Waste Management
Division Director and the Pennsylvania Department of Environmental Resources,
Bureau of Waste Management, in writing, of any discharge into the POTW of a
substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR
Part 261. Such notification shall include the name of the hazardous waste, as set forth
in 40 CFR Part 261, the EPA hazardous waste number and the type of discharge
(continuous, batch or other). If the industrial user discharges more than 100 kilograms
of such waste per calendar month, the notification shall also include the following
information, to the extent that it is known and readily available to the industrial user:
[1] An identification of the hazardous constituents contained in the waste;
[2] An estimation of the mass and concentration in the wastewater of all such
constituents discharged in the most recent month; and
[3] An estimate of the mass and concentration of such constituents expected to be
discharged during the following 12 months.
(b) Industrial users that commence discharge of a hazardous waste after the effective date
of this article shall submit the report within 180 days of the first discharge of the
hazardous waste, except as provided in Subsection A(14)(d) of this section. If the new
discharge constitutes a change in the character of the industrial waste, the industrial
user shall also comply with the requirements of Subsection C(19) of this section. In
the case of any new regulations under 40 CFR Part 261 identifying additional wastes
as characteristic or listed hazardous waste, the industrial user discharging such
substances shall submit the report within 90 days of the effective date of the new
regulations.
(c) The required report need be submitted only once for each hazardous waste discharged.
Industrial users regulated under categorical standards which have already reported
such substances in baseline monitoring reports, ninety-day compliance reports or
periodic compliance reports do not have to report this information again.
(d) Industrial users that discharge less than 15 kilograms of hazardous wastes in a
calendar month do not have to comply with these reporting requirements. This
exemption does not apply to acute hazardous wastes as specified in 40 CFR 261.30(d)
and 261.33(e).
(e) Each notification required by this section shall include a statement certifying that the
industrial user has a program in place to reduce the volume and/or toxicity of the
discharged wastes to the extent that it is economically practical. This statement shall
be signed by the authorized representative of the industrial user.
B. Fees.
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(1) Purpose. It is the purpose of this Subsection B to provide for the recovery of costs from
industrial users of the sewer system for the implementation of the industrial pretreatment
program established herein. The applicable charges or fees shall be set forth in the
Borough's schedule of charges and fees.
(2) Fees that may be charged.
(a) The Borough may adopt charges and fees which may include:
[1] Fees for reimbursement of costs of setting up and operating the industrial
pretreatment program;
[2] Fees for monitoring, inspections and surveillance procedures;
[3] Fees for reviewing accidental discharge procedures (SPCC plans) and construction;
[4] Fees for wastewater discharge permit applications;
[5] Fees for filing appeals;
[6] Fees for consistent removal (by the sewage treatment plant) of pollutants otherwise
subject to categorical standards; and
[7] Other fees as the Borough may deem necessary to carry out the requirements
contained herein.
(b) These fees relate solely to the matters covered by this article and are separate from all
other fees chargeable by the Borough.
C. Permits and reports for discharge of industrial waste.
(1) Requirement for wastewater discharge permits.
(a) Discharge of any industrial waste to the sewer system without a wastewater discharge
permit, except as authorized by the Borough in accordance with the provisions of this
article, is an unauthorized discharge and subject to the penalties provided herein.
(b) The Borough reserves the right, at its sole discretion, to deny the issuance of a
wastewater discharge permit or to issue such a permit conditionally.
(2) Significant industrial users. All significant industrial users proposing to connect to or to
discharge to the sewer system shall obtain a wastewater discharge permit before
connecting to or discharging to the sewer system.
(3) Other industrial users. Except as otherwise required by the Borough on a case-by-case
basis, industrial users which are not significant industrial users do not require a
wastewater discharge permit but are required to comply with all other provisions of this
article. If an industrial user makes changes to processes, flow, wastewater concentration,
or wastewater characteristics or other changes which result in the industrial user meeting
the definition of "significant industrial user," the industrial user shall immediately upon
becoming aware that such a change has occurred, or 90 days prior to such a change if it is
planned by the industrial user, notify the Borough and apply for a wastewater discharge
permit. The Borough, at its discretion, may modify the time frame for submission of a
permit application and may require any nonsignificant industrial users to apply for and
obtain a wastewater discharge permit, as the Borough deems appropriate.
(4) Permit applications. Industrial users required to obtain a wastewater discharge permit shall
complete and file with the Borough an application in the form prescribed by the Borough
and accompanied by the fee prescribed in the Borough's schedule of fees. A new facility
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planning to discharge to the sewer system shall make such submission prior (e.g., 90 days
in advance) to the date it intends to connect to or discharge to the sewer system so as to
provide ample time for the permitting process.
(a) In support of the application, the industrial user shall submit, in units and terms
appropriate for evaluation, the following information:
[1] Name, address and location (if different from the address).
[2] SIC number or numbers according to the Standard Industrial Classification Manual,
Bureau of the Budget, 1972, as amended.
[3] Wastewater constituents and characteristics as required by the Borough, as
determined by a qualified analyst.
[a] Sampling and analyses shall be performed in accordance with procedures
established by the EPA pursuant to Section 304(g) of the Act and contained in
40 CFR Part 136, as amended.
[b] Sample results shall be accompanied by a signed statement of the authorized
representative that the samples analyzed are representative of normal discharge
during the routine operation of the discharging facility.
[4] Each product by type, amount, process or processes and rate of production.
[5] Type and amount of raw materials processed (average and maximum per day).
[6] Number and type of employees and hours of operation of the plant and proposed
or actual hours of operation of the pretreatment system.
[7] Time and duration of wastewater or industrial waste contribution.
[8] Average daily and thirty-minute peak wastewater flow rates, including daily,
monthly and seasonal variation, if any.
[9] Site plans, floor plans, mechanical and plumbing plans and details to show all floor
drains, building sewers, sewer connections and appurtenances by the size, location
and elevation.
[10] Description of activities, facilities and plant processes on the premises, including
all materials which are or could be discharged.
[11] The nature and concentration of any pollutants in the discharge which are limited
by any Borough, state or national pretreatment requirement (including local
limits), prohibitive discharge standard or categorical standards and a statement
regarding whether or not the categorical standard, prohibitive discharge standard
or pretreatment requirements are being met on a consistent basis and, if not, how
the industrial user proposes to meet the applicable standards or other pretreatment
requirements, including whether additional operation and maintenance (O&M)
and/or additional pretreatment is required for the industrial user to meet the
applicable standard or requirement. If the applicant is a categorical industrial user,
this statement shall be signed by a certified professional.
[12] If additional pretreatment and/or O&M will be required to meet categorical
standards, prohibitive discharge standards or other pretreatment requirements
(including local limits), the shortest schedule by which the industrial user will
provide such additional pretreatment shall be developed and submitted. The
completion date of this schedule for any categorical standard shall not be later
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Borough of Chambersburg, PAPage 18 of 40
than the compliance date established for the applicable categorical standard. The
following conditions shall apply to this schedule:
[a] The schedule shall contain increments for 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 industrial user to meet the
applicable categorical standards or other pretreatment requirements (e.g., hiring
an engineer, completing preliminary plans, completing final plans, executing
contract for major components, commencing construction, completing
construction, etc.).
[b] For compliance with a categorical standard, no increment referred to in
Subsection C(4)(a)[12][a] shall exceed nine months.
[c] Not later than 14 days following each date in the schedule pertaining to
compliance with a categorical standard and the final date for compliance, the
industrial 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
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
Borough.
[13] Any other information as may be deemed by the Borough to be necessary to
evaluate the application.
(b) The application shall be signed and attested to by an authorized representative of the
industrial user.
(c) The Borough will evaluate the data furnished by the industrial user and may require
additional information. After evaluation and acceptance of the data furnished, the
Borough may issue a wastewater discharge permit subject to terms and conditions
provided herein.
(5) Confidentiality of applications.
(a) All information required by the Borough in the permit application shall be provided by
the industrial user to the best of its ability.
(b) If information regarding raw materials, processes, production rates or other
manufacturing information is regarded as confidential by the industrial user, such
information shall be marked "confidential" on the application form.
(c) Confidentiality shall not apply to information regarding the flow of or the constituents
in the industrial wastewater discharge.
(d) Information accepted by the Borough as confidential shall be handled as detailed in
Subsection C(20) of this section.
(6) Wastewater discharge permit conditions.
(a) Wastewater discharge permits are hereby expressly subject to all provisions of this
article and all other applicable regulations, user charges and fees established by the
Borough. Permits shall contain the conditions specified in 40 CFR 403.8(f)(1)(iii).
Permits may contain but are not limited to the following:
[1] Limits on the average and maximum wastewater constituents and characteristics,
including local limits and/or categorical standards, as applicable.
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[2] List of prohibited discharges, as presented in Subsection A of this section.
[3] Requirements for submission of technical reports or discharge reports, including
the information to be contained and the signatory requirements of these reports.
[4] Specifications for monitoring programs, which may include the specific substances
to be analyzed, sampling locations, frequency of sampling, number, types and
standards for tests, toxicity testing and reporting schedules.
[5] Requirements for maintaining and retaining records relating to industrial waste and
wastewater discharges and characteristics as specified by the Borough and
affording the Borough access thereto.
[6] Requirements for notification to the Borough of any new introduction of
wastewater constituents or any substantial change in the volume or character of
the wastewater constituents being discharged into the sewer system.
[7] Requirements for notification of slug loads as per Subsection A(9) of this section.
[8] Statement of duration of the wastewater discharge permit, as provided in
Subsection C(8) of this section.
[9] Notification of the rules regarding transferability, as stated in Subsection C(7) of
this section.
[10] Notification of penalties provided for noncompliance as contained in Subsection
D of this section and § 242-9 of this article.
[11] Requirements pertaining to modification, suspension and termination of the
wastewater discharge permit and appeal procedures.
[12] Limits on average and maximum rate and time of discharge or requirements for
flow regulation and equalization.
[13] Requirements for installation and maintenance of inspection and sampling
facilities.
[14] Requirements for installation and maintenance of pretreatment facilities.
[15] Requirements for developing and implementing special plans or practices, such as
toxic organic management plans, toxic reduction evaluations, special management
or housekeeping practices or other such procedures.
[16] Compliance schedules.
[17] The unit charge or schedule of user charges and fees for the wastewater to be
discharged to the sewer system.
[18] Other conditions as deemed appropriate by the Borough to ensure compliance
with this article or any other applicable ordinance and applicable federal, state and
local pretreatment requirements.
(b) A wastewater discharge permit, in addition to implementing requirements as mandated
by federal pretreatment regulations, may be a means for the Borough to implement
other requirements in accordance with federal, state and local law. Implementation and
enforcement of such provisions shall be at the discretion of the Borough.
(7) Transferability of permits. Wastewater discharge permits are issued to a specific industrial
user for a specific operation. A wastewater discharge permit shall not be reassigned or
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transferred or sold to a new person, new industrial user, different premises or a new or
changed operation without the approval of the Borough. If such a transfer is approved by
the Borough, the existing owner or operator shall provide a copy of the wastewater
discharge permit to a new owner or operator. Any succeeding industrial user shall also
comply with the terms and conditions of the existing wastewater discharge permit. The
Borough may, at its discretion, deny the transfer of a wastewater discharge permit and
require application for a new wastewater discharge permit under the provisions of this
section.
(8) Duration and modification of wastewater discharge permits.
(a) Wastewater discharge permits shall be issued for a specified time period, not to exceed
five years. A wastewater discharge permit may be issued for a period of less than five
years or may be dated to expire on a specified date. Except as otherwise approved by
the Borough, the industrial user shall apply for reissuance of the wastewater discharge
permit a minimum of 180 days prior to the expiration of the industrial user's existing
wastewater discharge permit.
(b) The terms and conditions of the wastewater discharge permit may be subject to
modification by the Borough during the term of the wastewater discharge permit as
limitations or requirements as identified in Subsection A of this section are modified
or other just cause exists, including but not limited to the following:
[1] Violation of any term or condition of the wastewater discharge permit and/or any
requirement set forth in an applicable pretreatment law, ordinance, regulation or
rule;
[2] Obtaining a wastewater discharge permit by misrepresentation or failure to disclose
fully all relevant facts in either the permit application or any report, including the
falsification of self-monitoring reports or the tampering with monitoring
equipment;
[3] Promulgation of more stringent standards under federal, state or local law,
including the adoption of new or revised pretreatment ordinances by the Borough;
[4] Changes in the processes used by the permittee or changes in the volume or
character of the industrial waste;
[5] Changes in the design or capability of the POTW, NPDES permit requirements or
sludge disposal requirements;
[6] A change in any condition that requires a temporary or permanent reduction or
elimination of the discharge;
[7] Failure to allow timely access to the industrial user's facility or records; and
[8] Failure to timely pay fines or applicable sewer charges.
(9) Continuation of expired permits.
(a) If the industrial user has applied for renewal as provided for in Subsection C(8) of this
section and the wastewater discharge permit is not renewed on or before the expiration
date through no fault of the industrial user, then the existing wastewater discharge
permit shall remain in effect pending a decision on the application for a reissued
permit by the Borough.
(b) If the wastewater discharge permit is not renewed because of a failure of the industrial
user to apply for renewal in a timely fashion or through an act or omission of the
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industrial user, then discharge of industrial waste by the industrial user without a
wastewater discharge permit is an unauthorized discharge.
(10) Appeal of wastewater discharge permits.
(a) Any industrial user that is issued or reissued a wastewater discharge permit may
appeal the permit conditions, in whole or in part. If a wastewater discharge permit is
modified during its effective term, the industrial user may appeal only the conditions
which have been changed. Appeal procedures applicable to these permit actions, as
well as suspension or revocation of a wastewater discharge permit, shall be as set
forth in Subsection D(7) of this section.
(b) During the process of appeal, the wastewater discharge permit shall remain in effect
and shall be subject to potential enforcement unless, upon the request of the permittee,
the Borough grants a stay of permit condition(s). Pursuant to Subsection D(7),
conditions imposed by federal or state regulations (e.g., categorical standards) shall
not be appealed or stayed. Conditions which, in the opinion of the Borough, would
constitute a hazard or pose a potential threat of pollution if stayed shall not be stayed
during an appeal.
(c) The denial of issuance of a wastewater discharge permit may be appealed under the
procedures set forth in Subsection D(7) of this section.
(11) Baseline monitoring reports.
(a) Where an industrial user subject to a newly promulgated categorical standard has not
previously submitted an application for a wastewater discharge permit as required by
Subsection C(4) of this section, the industrial user shall, within 180 days after the
promulgation of the applicable categorical standard:
[1] Apply for a wastewater discharge permit;
[2] Provide the baseline monitoring information required by 40 CFR 403.12(b); this
information may be incorporated into the application for a wastewater discharge
permit; and
[3] Provide a compliance schedule for meeting the pretreatment standards as required
by 40 CFR 403.12(c) if such a schedule is required. The requirements of such a
compliance schedule are described in Subsection C(4)(a)[12] of this section.
(b) An industrial user with an existing wastewater discharge permit shall submit to the
Borough within 180 days after the promulgation of an applicable categorical standard
the information required by 40 CFR 403.12(b).
(c) A new source or industrial user that becomes a categorical industrial user through a
change in facilities or processes shall submit a report containing the information
required by 40 CFR 403.12(b) at least 90 days prior to commencement of discharge
from the regulated process or facility. This information may be incorporated into the
application for a wastewater discharge permit submitted in such time frame.
(d) Baseline monitoring reports shall be signed and certified by an authorized
representative in accordance with 40 CFR 403.12(1) and 403.6(a)(2)(ii).
(12) Categorical compliance report.
(a) Within 90 days following the date for final compliance with applicable categorical
standards or, in the case of a new source, following commencement of the discharge
of industrial waste from processes regulated by categorical standards into the sewer
system, any industrial user subject to categorical standards shall submit to the
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Borough a report in accordance with 40 CFR 403.12(d), including information
indicating the nature and concentration of all pollutants in the discharge from the
regulated process which are limited by categorical standards and the average and
maximum daily flow for those process units in the industrial user's facility which are
limited by such categorical standards.
(b) The report shall certify that the information contained therein concerning wastewater
constituents and flows is representative of discharges during normal work cycles. The
report shall also state whether the applicable categorical standards are being met on a
consistent basis and, if not, what additional operation and management practices
and/or pretreatment is necessary to bring the industrial user into compliance with the
applicable categorical standards, and including a schedule for completion of the
required actions in the form described in Subsection C(4)(a)[12] of this section. Such
a schedule shall not have a compliance date later than that established for the
applicable categorical standard. This statement shall be signed by an authorized
representative of the industrial user in accordance with 40 CFR 403.12(1) and 403.6(a)
(2)(ii) and certified to by a certified professional.
(13) Periodic compliance reports.
(a) All significant industrial users shall report to the Borough at least twice a year, the
date of the report to be as determined by the Borough and contained in the wastewater
discharge permit. Reports may be required more frequently as deemed necessary by
the Borough.
(b) The reports required under this section shall contain the information required by 40
CFR 403.12(e), 403.12(g) and/or 403.12(h), as applicable, including, at a minimum,
the measured concentrations of all pollutants regulated by categorical standards or
otherwise regulated by the wastewater discharge permit, a record of any measured
daily flows and a statement of accuracy and completeness signed and certified by the
authorized representative of the significant industrial user in accordance with 40 CFR
403.12(1) and 403.6(a)(2)(ii). Reports shall also contain any other information as
required by the Borough.
(c) For significant industrial users subject to categorical standards, if discharge limits are
based on mass units per production unit, then production information regarding the
regulated processes during the reporting period shall be included in the report, along
with flow and concentration values, so that a determination of compliance or
noncompliance with categorical standards can be made.
(d) For significant industrial users subject to categorical standards, the report shall contain
certification of compliance with those standards, signed by a certified professional.
(14) Reporting and resampling of discharge limit violations.
(a) If upon receipt of valid sampling and testing results an industrial user becomes aware
that a violation of discharge limits has occurred, the industrial user shall, within 24
hours of becoming aware of the violation, notify the Borough of this fact. Except as
otherwise approved by the Borough and provided by 40 CFR 403.12(g)(2)(i) and (ii),
within 30 days of becoming aware of the violation, the industrial user shall also
sample and analyze its discharge(s) for each parameter found to be in violation and
report the results of the resampling and analysis to the Borough.
(b) Each significant industrial user shall have a duty, on receipt of validly obtained
sampling and analysis results, of inspecting the results and determining if any
wastewater discharge permit condition has been violated. Failure to examine and
compare testing results with wastewater discharge permit conditions shall not be a
valid defense for failure to comply with these reporting conditions.
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(15) Sampling and analysis.
(a) Each industrial user shall perform waste stream sampling and analyses in accordance
with its wastewater discharge permit or as otherwise required by the Borough.
(b) All sampling and analysis performed by the industrial user in compliance with
wastewater discharge permit conditions, to prepare the reports required in Subsection
C(11), (12), (13) and (14) of this section or as otherwise required by the Borough
shall be accomplished using techniques specified in 40 CFR Part 136 or alternative
procedures approved by the Borough and the Administrator. Unless otherwise
required, all sampling should be performed during a normal production day and
should reflect the usual and typical wastewater discharge of the user.
(c) The industrial user may monitor more frequently than otherwise required by the
Borough. If the industrial user monitors any pollutant subject to an effluent limitation,
at the location designated for compliance monitoring, more frequently than otherwise
required by the Borough, using the procedures set forth in 40 CFR Part 136 or
otherwise required, the results of such monitoring shall be included in the calculation
and reporting of the data submitted to the Borough.
(d) Where the Borough performs the sampling or collects the required information herein,
the Borough may waive the corresponding reporting requirement as provided in 40
CFR 403.12(g) and 403.12(h).
(e) The industrial user shall ensure that all monitoring and analytical equipment it uses to
monitor or otherwise analyze the pollutants discharged to the sewer system are
periodically calibrated and maintained at intervals which ensure the accuracy of
measurements.
(f) If sampling results indicate that the industrial user has exceeded an effluent limitation,
the Borough, as an enforcement response to such violation, may require the industrial
user to undertake increasing sampling. Upon notification from the Borough, the
industrial user shall undertake such additional monitoring as directed.
(16) Monitoring facilities.
(a) The Borough may require an industrial user to provide and operate, at the industrial
user's own expense, monitoring facilities to allow inspection, sampling and flow
measurement of the wastewater or industrial waste discharge. The monitoring facility
should normally be situated on the industrial user's premises, but the Borough may,
when such a location would be impractical or cause undue hardship on the 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.
(b) 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 industrial user.
(c) 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.
(d) Construction shall be completed within 90 days following written notification by the
Borough.
(17) Inspections.
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(a) The Borough and its duly authorized representatives, including contractors, may
inspect the facilities of any 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
representatives ready access at all reasonable times 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. Areas which are subject to inspection include but
are not limited to areas which could result in wastewater discharge to the sewer, such
as manufacturing areas and chemical storage areas; pretreatment facilities; spill
prevention and control facilities; hazardous waste generation areas; industrial self-
monitoring facilities; and areas where relevant documentation is kept or stored. The
Borough and approval authority and their agents 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.
(b) Where a user has security measures in force which would require proper identification
and clearance before entry onto its premises, the user shall make necessary
arrangements with its security guards so that, upon presentation of suitable
identification, personnel from the Borough and approval authority will be permitted to
enter, without delay, for the purpose of performing their specific responsibilities.
(18) Pretreatment facilities. Industrial users shall provide necessary wastewater pretreatment as
required to comply with this article and shall achieve compliance with all applicable
categorical standards within the time limitations as specified by the applicable categorical
standards and, for other pretreatment requirements, shall achieve compliance as specified
by the state or Borough, whichever is more stringent. Any facilities required for
pretreatment shall be provided, operated and maintained at the 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 industrial user from the responsibility of modifying the facility as
necessary to produce a discharge which complies with the provisions of this article. Any
subsequent substantial changes in the pretreatment facilities or method of operation shall
be reported to and be acceptable to the Borough prior to the industrial user's initiation of
the changes. The review and acceptance of plans and procedures by the Borough shall not
be considered as an approval regarding their efficacy, safety or reliability; such
considerations are solely the responsibility of the industrial user.
(19) Change in operations.
(a) Any industrial user contemplating or planning a substantial change in the
manufacturing process, raw materials, auxiliary processes, pretreatment processes or
other changes which may result in substantial changes to wastewater character,
composition, volume or rate of flow shall notify the Borough in writing at least 30
days prior to making such a change or, if the change is not planned 30 days or more
in advance, immediately upon the decision to make such a change. If a change in
wastewater characteristics occurs without the knowledge of the industrial user, the
industrial user shall report the change immediately upon becoming aware of it. The
report shall include all information necessary to determine the effect on the
wastewater of the change. The Borough may require the industrial user to undertake a
compatibility study to demonstrate to the satisfaction of the Borough that the
wastewater to be discharged is compatible with the sewer system, will not affect any
requirements imposed upon the Borough (including sludge disposal requirements) and
will not otherwise adversely affect the POTW.
(b) The Borough may, on receipt of such a report:
[1] Continue an existing wastewater discharge permit in effect;
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[2] Require application for a new wastewater discharge permit;
[3] Modify an existing wastewater discharge permit to reflect the changed nature of
the waste;
[4] Rescind and reissue an existing wastewater discharge permit in order to make
substantial changes in wastewater discharge permit conditions;
[5] Revoke an existing wastewater discharge permit or require the industrial user to
cease or prevent the discharge; or
[6] Take such other action as it deems appropriate.
(20) Confidentiality.
(a) Information and data on an industrial user obtained from reports, questionnaires,
wastewater discharge permit applications and monitoring programs and from
inspections shall be available to the public or any governmental agency without
restriction unless the industrial user specifically requests at the time of submission and
is able to demonstrate to the satisfaction of the Borough that the release of such
information, processes or methods of production is entitled to protection as trade
secrets of the industrial user. Wastewater constituents and characteristics shall not be
recognized as confidential information.
(b) When requested by the person furnishing a report, and supported by evidence
acceptable to the Borough as to need for protection as confidential material, the
portion 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 to the
Borough and, upon request, to governmental agencies for uses related to this article,
the Borough's NPDES permit, any state permit and/or the industrial pretreatment
program. In addition, such portions of a report shall be available for use by the EPA,
the state or any state agency in judicial review or enforcement proceedings involving
the person furnishing the report.
(c) When information accepted by the Borough as confidential is transmitted to any
governmental agency, a notification to the industrial user may be provided listing the
confidential information transmitted and the governmental entity requesting it. The
person seeking confidentiality protection of the information shall bear the burden of
demonstrating to the other governmental agency that such information is entitled to
confidential protection.
(21) Records.
(a) All industrial users shall keep and maintain records of monitoring activities and
results, wastewater discharge permits and reports to the Borough, in accordance with
40 CFR 403.12(o)(1) and (2), for a minimum of three years. This period shall be
automatically extended for the duration of any litigation concerning compliance with
this article or where the industrial user has been notified of a longer retention period
by the Borough.
(b) The industrial user shall furnish the Borough, within a reasonable time, any
information which the Borough may request to determine whether cause exists for
modifying, reissuing, suspending or revoking a wastewater discharge permit or to
determine industrial user compliance. The industrial user shall also furnish to the
Borough, upon request, copies of records required to be kept. Where the industrial
user becomes aware that it failed to submit any relevant facts in an application for a
wastewater discharge permit or submitted incorrect information in an application for a
wastewater discharge permit, report to the Borough or in any other correspondence
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Borough of Chambersburg, PAPage 26 of 40
pertaining to its industrial wastewater discharge, it shall promptly submit such facts or
information.
D. Enforcement.
(1) Right to refuse. The Borough reserves the right to refuse to accept wastewater or
combinations of wastewater which are discharged in violation of the terms or conditions
of the industrial pretreatment program or any written directions issued by the Borough
pursuant to the conditions of the industrial pretreatment program. The Borough may take
such steps as it deems necessary, as outlined in this article, to compel discontinuance of
use of the sewer system or to require pretreatment of industrial wastes in order to comply
with the provisions of this article. The Borough may exercise its rights of refusal by
denial of issuance of a wastewater discharge permit. In such a case the discharge of
industrial waste is prohibited.
(2) Revocation of permit.
(a) Any industrial user which violates the following conditions of this article or applicable
state and federal regulations is subject to having its wastewater discharge permit
revoked:
[1] Failure of an industrial user to factually report the wastewater constituents and
characteristics of its discharge in any application for a wastewater discharge
permit or in any reports required by Subsection C(11), (12), (13) or (14) of this
section;
[2] Failure of the industrial user to report significant changes in operations or
wastewater constituents and characteristics as required in Subsection C(19) of this
section;
[3] Refusal of reasonable access to the industrial user's premises for the purpose of
inspection or monitoring; or
[4] Violation of conditions of the wastewater discharge permit.
(b) Discharge of any industrial waste to the sewer system by a significant industrial user,
or by any other user required to have a permit under Subsection C(3), without a
wastewater discharge permit is an unauthorized discharge, as provided in Subsection C
(1) of this section, and may be subject to the penalties provided herein.
(c) Any industrial user notified of a revocation of its wastewater discharge permit may be
required to immediately stop or eliminate the discharge (even if an appeal of the
revocation notice is pending). In the event of a failure of the industrial user to comply
voluntarily with the notice of revocation, the discharge shall be considered an
unauthorized discharge, and the Borough may take such steps as deemed necessary,
which may include immediate severance of the connection between the building sewer
and the sewage collection system or discontinuance of water service, to prevent or
minimize damage to the sewer system or endangerment to the environment or any
property or person.
(3) Suspension of permit.
(a) The Borough may suspend the 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 or may cause
interference or pass-through, or causes or may cause the Borough to violate any
condition of an NPDES permit or any other federal or state law, rule, regulation or
permit condition.
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(b) Any industrial user notified of a suspension of its wastewater discharge permit may be
required to immediately stop or eliminate the discharge (even if an appeal of the
suspension notice is pending). In the event of a failure of the industrial user to comply
voluntarily with the notice of suspension, the discharge shall be considered an
unauthorized discharge, and the Borough may take such steps as deemed necessary,
including immediate severance of the connection between the building sewer and the
sewage collection system or discontinuance of water, to prevent or minimize damage
to the sewer system or endangerment to the environment or any property or person.
(c) If a wastewater discharge permit has been suspended as a result of an unauthorized
discharge, which discharge resulted in or contributed to damages to the sewer system
or to any person or property, the wastewater discharge permit shall not be reinstated
until such time as all such damages have been satisfied.
(d) The Borough may reinstate the wastewater discharge permit upon submission of proof
by the industrial user of the elimination of the unauthorized discharge.
(4) Notice of violation. Whenever the Borough finds that any industrial user has violated or is
violating this article, its wastewater discharge permit or any prohibition, limitation or
requirements contained herein, the Borough may serve upon such industrial user a written
notice stating the nature of the violation and requiring a response within a specified time.
Responses required of industrial users may include but are not restricted to actions, plans,
compliance schedules or written explanations.
(5) Show-cause hearing.
(a) The Borough may direct any industrial user which causes or allows an unauthorized
discharge to enter the sewer system or which violates any condition or requirement of
the industrial pretreatment program or its wastewater discharge permit to show cause
before the Borough why the proposed enforcement action should not be taken. A
written notice may be served on the 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, and the proposed enforcement action and directing the industrial user to
show cause before the Borough why the proposed enforcement action should not be
taken. The notice of the hearing may be served personally or by registered or certified
mail (return receipt requested) at least 10 days before the hearing. Service may be
made on any agent or officer of a corporation if the industrial user is a corporation.
(b) The Borough may itself conduct the hearing and take the evidence or may designate
any of its members or any representative to:
[1] Issue in the name of the Borough notices of hearings requesting the attendance and
testimony of witnesses and the production of evidence relevant to any matter
involved in such hearings.
[2] Take the evidence.
[3] Transmit a report of the evidence and hearing, including transcripts and other
evidence, together with recommendations to the Borough for action thereon.
(c) At any hearing held pursuant to this article, testimony taken may be under oath and
recorded stenographically. The transcript, so recorded, will be made available to any
member of the public or any party to the hearing upon payment of the usual charges
therefor.
(d) After the Borough has reviewed the evidence, it may, in writing, direct the industrial
user to take certain actions to correct the unauthorized discharge or to achieve
compliance.
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[1] The actions which may be directed include but are not limited to:
[a] Installation of pretreatment facilities or equipment.
[b] Modification or additions to existing pretreatment facilities or equipment.
[c] Initiation of management practices which are required to alter the nature of the
industrial waste being discharged.
[d] Development or implementation of SPCC plans or other measures.
[e] Other measures found to be necessary to correct the unauthorized discharge or
other noncompliance.
[2] The direction may be in the form of a schedule for compliance, setting dates by
which certain actions shall be taken.
(e) Failure of an industrial user to comply with written directions issued pursuant to a
hearing constitutes a violation of this article.
(6) Administrative orders. The Borough may issue written directions as described in
Subsection D(5)(d) of this section without a show-cause hearing if the Borough
determines that such directions are necessary to correct conditions or remedy continuing
violations of this article or any wastewater discharge permit or other requirements of the
industrial pretreatment program, the Borough or federal or state regulations. Failure of an
industrial user to comply with administrative order conditions requiring compliance with
provisions under this article, National Categorical Pretreatment Standards or a duly
authorized wastewater discharge permit constitutes a violation of this article.
(7) Right of appeal.
(a) An industrial user may appeal to the Borough the enforcement actions enumerated
above in Subsection D(2) and (3) of this section, the denial of a wastewater discharge
permit, or conditions contained in a wastewater discharge permit. An appeal is subject
to the following requirements:
[1] The appeal must be made in writing to the Borough.
[2] The appeal must be made within 30 calendar days from the date of receipt of the
wastewater discharge permit or notice of denial, suspension, modification or
revocation of a wastewater discharge permit being appealed by the industrial user.
[3] The appeal must state the specific provision(s) of a wastewater discharge permit or
the specific directions or actions of the Borough which are being contested.
[4] The appeal must state the reasons for the appeal of each provision.
[5] The appeal may suggest alternate or revised provisions to replace those appealed.
[6] An appeal of a wastewater discharge permit may include a request to stay specific
permit conditions pending the outcome of the appeal. Any such request shall
include all factual and legal justification for such a request.
(b) Provisions specifically mandated by federal or state regulations (e.g., compliance with
categorical standards) shall not be appealed. Conditions which, in the opinion of the
Borough, would constitute a hazard or pose a potential threat of pollution if stayed
shall not be stayed during an appeal.
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(c) An appeal shall be made to the Borough and shall be reviewed by any designated
representative(s) of the Borough, provided that:
[1] The representative shall not be the pretreatment coordinator; and
[2] The representative shall not be the Superintendent.
(d) The representative(s) reviewing the appeal shall report, in writing, to the Borough the
results of the review. The report should contain, at a minimum:
[1] A summary of each item appealed, the appellant's reasons for appeal and the
appellant's proposed remedies, if any.
[2] The finding of merit for each point and the reason(s) for finding.
[3] For each point found to be with merit, a proposed remedy, and a finding that the
proposed remedy is allowable under this article and all applicable federal, state
and local rules, regulations and laws.
(e) The Borough, or a board appointed by the Borough, may, upon its own initiative or in
response to a request by the permittee, review the report and, at one or more regular
or special public meetings, take any additional testimony offered by the appellant,
reviewer, pretreatment program coordinator or other interested party.
[1] The Borough may, within a reasonable time, decide to:
[a] Grant a stay of wastewater discharge permit conditions pending a decision on
the merits of a permit appeal;
[b] Grant the appeal or portions of the appeal, applying such remedies as it deems
proper; or
[c] Deny the appeal.
[2] The decision by the Borough constitutes final administrative action.
(f) If the Borough or any hearing board appointed by the Borough shall have as a member
any person who has a financial, legal or other proprietary interest in the industrial user
bringing the appeal, such person shall excuse himself from any vote which shall
determine the decision of the body in regard to the appeal.
(g) Action of the Borough for which review had been available (e.g., enactment of an
ordinance or issuance, modification, suspension or revocation of a wastewater
discharge permit) shall not be subject to administrative or judicial review in any civil
or criminal proceeding for enforcement.
(8) Civil actions. If any person violates the provisions of the industrial pretreatment program,
including local, national or state pretreatment requirements, categorical standards or any
wastewater discharge permit or written directions issued by the Borough, the Borough
may commence an action for appropriate legal and/or equitable relief in the Court of
Common Pleas of Franklin County, or any other appropriate forum.
(9) Injunctive relief. If any person causes or permits an unauthorized discharge to occur,
otherwise violates the conditions imposed by this article or any wastewater discharge
permit or written directions issued by the Borough or any national or state pretreatment
requirement, or discharges wastewater or industrial waste which otherwise presents or may
present an endangerment to the environment or which threatens to interfere with the
operations of the POTW, the Borough may commence an action in the Court of Common
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Pleas of Franklin County, or any other appropriate forum, for injunctive relief to stop the
discharge or violation or to require compliance with the applicable condition.
(10) Enforcement response plan. The Superintendent and the pretreatment coordinator may be
guided by the enforcement response plan when reviewing industrial user reports,
inspection results and other compliance information and when recommending to the
Borough enforcement action in response to noncompliance.
(11) Significant violators. The Borough shall publish annually, in the local daily newspaper of
highest circulation published in the Borough of Chambersburg, a list of industrial users
that were found to be in significant noncompliance during the previous calendar year.
(a) Significant noncompliance shall be determined using measures of rate, magnitude and
type of noncompliance, as delineated below:
[1] Chronic violations of local limits, prohibitive discharge standards, categorical
standards or other numerical limitations on discharges of industrial waste. A
chronic violation occurs if the violation occurs in 66% or more of all
measurements taken during a six-month period for the same pollutant(s).
[2] Technical review criteria (TRC) violations of local limits, prohibitive discharge
standards, categorical standards or other numerical limitations on discharges of
industrial waste. A TRC violation occurs if 33% or more of all of the
measurements for each pollutant in a six-month period equal or exceed the product
of the daily maximum limit or the average limit and the applicable TRC. For
conventional pollutants (BOD, total suspended solids and fats, oil and grease), the
TRC equals 1.4; for all other pollutants except pH, the TRC equals 1.2.
[3] Any violation of local limits, prohibitive discharge standards, categorical standards
or other narrative or numerical limitations on discharges of industrial waste which
the Borough determines has caused pass-through or interference or has endangered
the health or safety of Borough or POTW personnel or the public.
[4] Any discharge that has caused imminent endangerment to human health, welfare or
the environment or has caused the Borough to exercise its emergency authority
under Subsection D(1), (2) or (3) of this section.
[5] Failure to meet, within 90 days after the schedule date, a compliance schedule
milestone contained in a wastewater discharge permit, or submitted in response to
written directions of the Borough, for starting construction, completing
construction or attaining final compliance.
[6] Failure to provide, within 30 days after the due date, any required reports,
including but not limited to baseline monitoring reports, periodic compliance
reports, reports on compliance with compliance schedules or reports on a change
in operations.
[7] Failure to accurately report any noncompliance.
[8] Any other violation, noncompliance or group of violations or noncompliance which
the Borough determines will adversely affect the operation or implementation of
the industrial pretreatment program.
(b) The Borough, subject to its discretion, may, as an enforcement response, publish
notification of industrial user noncompliance on a more frequent basis than annually
or if the level of industrial user noncompliance does not meet the significant
noncompliance standard.
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(12) Responsible officials. Except as may be otherwise provided herein, the Superintendent of
the Water and Sewer Department of the Borough shall administer and enforce the
provisions of this article. The Superintendent may delegate any or all powers granted by
this article to the pretreatment coordinator, or to others as he deems appropriate.
§ 242-9. Violations and penalties.
A. Any person who violates any provisions of this article or the rules, regulations and permits
issued hereunder may be subject to a civil monetary penalty pursuant to applicable law. 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 fees, court costs, court reporter 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. Except for a violation which has been subject to a
civil or criminal penalty by the Borough, nothing shall be deemed to preclude the Borough
from commencing an action for a penalty of $25,000 per day for each violation pursuant to
1992 PA Laws, Act 1992-9, subject to the appeal procedures as specified in 2 Pa.C.S.A.
B. In addition to any applicable civil or criminal penalty, the user is liable for:
(1) All damage which its discharge causes to the sewer system or POTW if that damage is
caused, in whole or in part, by the industrial user's violation of its wastewater discharge
permit or any applicable law, ordinance, regulation, rule or pretreatment requirement; and
(2) Any penalty imposed upon the Borough (whether by judicial or administrative order or the
settlement of a judicial or administrative penalty action) where the violation of the
Borough was caused by the industrial user, either alone or in conjunction with discharge
(s) from other source(s).
§ 242-10. Remedies not exclusive.
The enumeration of remedies in §§ 242-8 and 242-9 of this article does not restrict their application
and shall not be deemed to preclude any other Borough remedies, enforcement responses or other
causes of action, including those available under common law. Nothing in this article, the enforcement
response plan or any other provision of the Borough's approved pretreatment program shall be
intended to limit the enforcement discretion of the Borough to enforce pretreatment requirements as
otherwise provided for by law.
§ 242-11. Special agreements and/or waiver of pretreatment requirements.
[Amended 5-10-1995 by Ord. No. 95-8]
Nothing contained in this article shall be construed as
prohibiting special agreements between the Borough and a person discharging industrial wastes or
wastewaters to the sewer system, or for the Borough to otherwise waive requirements hereunder, when
conditions and circumstances making such special agreements or waiver advisable and/or necessary, in
the opinion of the Borough, are present; provided, however, that:
A. National Categorical Pretreatment Standards and prohibitive discharge standards [including the
general and specific prohibitions set forth at 40 CFR 403.5(a) and (b)] shall not be waived,
unless such waiver is granted by mechanisms established under the Federal Pretreatment
Regulations (40 CFR 403 et seq.).
B. In no case shall a special agreement or waiver of local limits allow for an industrial user to
discharge any pollutant which, alone or in combination with other regulated industrial user
discharges, would reasonably be expected to exceed the mass loadings determined by the
Borough as acceptable to the sewage treatment plant based upon considerations of, among
other things, interference, pass-through and sludge contamination. The Borough may consider
other factors (e.g., effect of the discharge on the POTW, future expansion, etc.), as it deems
appropriate. In no event shall any special agreement or waiver allow the sum of the loadings
allocated to industrial users to exceed the values set forth in any local limits analysis
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Borough of Chambersburg, PAPage 32 of 40
submitted by the Borough to the EPA and approved by the EPA as part of the industrial
pretreatment program.
C. The Borough may require an industrial user requesting a special agreement or waiver adjusting
effluent limitations to submit supporting documentation indicating why the industrial user
cannot reasonably expect to meet the effluent limitation contained in its wastewater discharge
permit, setting forth an expeditious schedule for achieving compliance with such limitations
and including such other information as the Borough may require. In granting any special
agreement or waiver, the Borough may impose time limitations upon any reduced
requirements and provide a compliance schedule for achieving compliance. In granting any
special agreement or waiver, the Borough may impose any other conditions deemed necessary
to implement the purposes of this article.
D. If granting a special agreement or waiver would result in increased costs to the Borough (e.g.,
treatment, monitoring, or sludge disposal costs), the Borough may condition the special
agreement or waiver upon the agreement of the industrial user to pay those costs and to
provide security adequate in the judgment of the Borough to assure payment of said costs.
E. Any special agreement and/or waiver of pretreatment requirements under this section shall be
timely memorialized in writing. "In writing" includes, among other things, a wastewater
discharge permit modification, a written agreement, a letter from the Borough to the industrial
user, an inspection report or any other written record which identifies that the Borough
waived or otherwise modified the requirement.
§ 242-12. Interpretation.
Provisions of headings in this article are solely for convenience and shall have no effect on the legal
or technical interpretation of any provision or requirement.
§ 242-13. Short title.
This article may be cited as the "Borough of Chambersburg Industrial Pretreatment Ordinance of
1994."
Article IV. Service Charges; Sewer Uses
[Adopted 12-10-2002 Ord. No. 2002-21
Editor's Note: This ordinance also repealed former Art. IV,
]
Service Charges; Sewer Uses adopted 6-11-1997 by Ord. No. 97-10.
§ 242-14. Purpose.
This article sets forth the following uniform requirements for users of the sewer system:
A. All buildings within the Borough must be connected to the sewer system.
B. Fees for the acceptance, treatment and disposal of domestic waste sanitary sewage.
C. Fees for the acceptance, treatment and disposal of industrial wastes and industrial wastes
mixed with sanitary sewage.
D. Provisions for the collection of the authorized fees and charges.
§ 242-15. Definitions and word usage.
A. The following words, terms and phrases will hereinafter have the meanings set forth in this
section, unless the context clearly requires a different meaning:
BILLING PERIOD
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The interval of time between two successive bills; under normal conditions it will be
approximately 30 days.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under
standard laboratory procedure, five days at 20° C. (68° F.) expressed in terms of weight
and concentration [milligrams per liter (mg/L)].
BOROUGH
The Mayor and Town Council of the Borough of Chambersburg, commonly known as
"The Borough of Chambersburg," and/or its duly authorized representatives acting on its
behalf.
BUILDING SEWER
A sanitary sewer conveying wastewater from the premises of a user to the sewer system.
COMMERCIAL or INDUSTRIAL ESTABLISHMENT
A separate building, group of buildings, or room or group of rooms on a parcel of land
held in separate ownership wherein a commercial or industrial activity is carried on by
any person. It shall not necessarily include an office room, or suite of rooms in a
building, accommodating a number of separate offices, except that to the extent that such
offices are set apart from each other and provided with separate toilet facilities for
employees, each shall constitute a separate establishment. The determination of the
Borough as to what constitutes a separate establishment shall be final.
COMPOSITE SAMPLE
A sample composed of individual subsamples taken at regular intervals over a specified
period of time. Subsamples may be proportioned by time interval or size according to
flow (flow-proportioned composite sample) or be of equal size and taken at equal time
intervals (equal-time composite sample).
COOLING WATER
The water from any use such as air conditioning, cooling or refrigeration, which does not
come into contact with any product, by-product or waste and to which the only pollutant
added is heat.
DISCHARGE
The conveyance of any water or wastewater into the sewer system.
DOMESTIC WASTE
Normal household wastes from kitchen, water closets, lavatories and laundries, or any
waste from a similar source and possessing the same characteristics.
DWELLING UNIT
A separate dwelling, apartment, room or group of rooms used for separate dwelling
purposes and equipped for the preparation of food. In all cases the determination of the
Borough as to what constitutes a separate dwelling unit shall be final.
EPA
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.
INDUSTRIAL USER
Any person who discharges industrial waste into the sewer system.
INDUSTRIAL WASTE
Any solid, liquid or gaseous substance, or form of energy, which is produced as a result,
whether directly or indirectly, of any industrial, manufacturing, trade or business process
or activity, or in the course of developing, recovering or processing of natural resources
and which is discharged into the sewer system; but not cooling water of sanitary sewage.
Any wastewater which contains industrial waste and which is discharged from an
industrial, manufacturing, trade or business premise is considered industrial waste for the
purposes of this article.
MANHOLE
A structure allowing access from the surface of the ground to a sewer.
Mg/l
Milligrams per liter; a measure of concentration of waterborne substances.
OWNER
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Any person vested with ownership, legal or equitable, sole or partial, of any improved
property.
PERSON
Any individual, partnership, copartnership, firm, company, corporation, association, joint-
stock company, trust, estate, governmental entity or 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 the context.
pH
The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed
in moles per liter of solution.
SANITARY SEWAGE
The normal water-carried domestic wastes from any improved property, but excluding
effluent from septic tanks or cesspools; rain, snow or stormwater; groundwater; or other
collected water from roofs, drains or basements.
SANITARY SEWER
A sewer carrying only sanitary sewage or industrial wastes, and to which storm-, surface
or ground waters are not intentionally admitted.
SEWAGE COLLECTION SYSTEM
All facilities of the Borough or any municipality party to a service agreement with the
Borough, as of any particular time, used or usable for collecting, transporting, pumping
and disposing of Wastewater, which facilities are connected to and served by the sewage
treatment plant.
SEWAGE TREATMENT PLANT
That portion of the sewer system owned and operated by the Borough which is designed
to provide treatment of wastewater and discharge of treated effluent to the environment.
SEWER
A pipe or conduit for conveying wastewater or stormwater.
SEWER SERVICE
The use of the sewer system to collect, transport and treat the discharge from any
improved property.
SEWER SERVICE CHARGE
Charges for the use of the sewer system, as set forth in the §§ 242-18, 242-19, 242-20
and 242-21 of this article.
SEWER SYSTEM
The sewage collection system, sewage treatment plant and any sewers that convey
wastewater to the sewage treatment plant. For the purposes of this article, "sewer system"
shall also include any sewers that convey wastewater to the sewage treatment plant from
persons who are, by contract or agreement with the Borough, users of the sewer system.
STANDARD METHODS
The latest edition of Standard Methods for the Examination of Water and Wastewater,
published by the Water Environmental Federation, the American Public Health
Association and the American Waterworks Association.
STATE
Commonwealth of Pennsylvania.
SUSPENDED SOLIDS
The total suspended matter that floats on the surface of, or is suspended in, water,
Wastewater or other liquids, and which is removable by laboratory filtering.
UNIT
Shall mean 10 cubic feet of water.
USER
Any person, as defined above, owning any property served with sewer from the sewer
system of the Borough. The user may designate that any person occupying his property
receive the bills for sewer service to that property.
WASTEWATER
Industrial wastes 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 enters the sewer system.
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B. Shall is mandatory; may is permissive.
§ 242-16. Connection required; violations and penalties.
A. The owner of any property in the Borough of Chambersburg benefited, improved or
accommodated by a sanitary sewer shall connect such property with such sewer in such
manner as may now or hereafter be proved by law, ordinance or regulations, and within such
time as the Borough may order, for the purpose of discharge of such drainage or waste matter
into such sanitary sewer as the Borough may now or hereafter specify. The repair and/or
replacement of the building sewer from the sewer main in the street to the building shall be
the responsibility of the owner of the property.
B. In addition to the penalties hereinafter provided, if the owner of any such property, after 45
days' notice from the Borough to make connection of such property with a Borough sanitary
sewer, shall fail to make such connection, the Borough may make such connection and collect
the cost thereof from such owner by a municipal claim or an action of assumpsit, as is
provided by law.
C. The Borough Manager or the Superintendent of the Sewer Department of the Borough of
Chambersburg are hereby authorized to carry out the provisions of this article and to issue
notices in behalf of the Borough.
D. Any person who shall violate any provision of this article shall, upon conviction thereof, be
sentenced to pay a fine of not more than $300 and costs of prosecution, and, in default of
payment of such fine and costs, to imprisonment for not more than 30 days, provided each
day's continuance of violation, after notice thereof by or on behalf of the Borough Council of
the Borough of Chambersburg, shall constitute a separate offense.
E. Where such sewer service is temporarily not available, the Sewer Department, in conjunction
with the Plumbing Inspector and the Borough's appointed sewage enforcement officers, shall
enforce regulations consistent with the Pennsylvania Sewage Facilities Program for on-site
sewage disposal systems.
§ 242-17. Sewer service charge.
A sewer service charge determined as hereinafter provided is hereby levied against the owner of each
property connected to and served by the sewer system of the Borough for the acceptance, treatment
and disposal of sanitary sewage and/or industrial wastes.
§ 242-18. Sanitary sewage charges (501 - 504, 511, 521, 531).
For the acceptance, treatment and disposal of sanitary sewage only, the sewer service charges to
properties within the Borough boundaries shall be determined as follows:
A. Volume charge:
(1) Per unit (10 cubic feet): $0.300.
[Amended 12-9-2003 by Ord. No. 2003-13; 8-23-2010 by Ord. No. 2010-16; 1-24-2011 by
Ord. No. 2011-01]
(2) The above charges shall apply to each dwelling unit and each commercial or industrial
establishment.
B. Minimum charge. The minimum charge per month shall be as set forth below based upon the
nominal size of the water meter serving the property. Where more than one separate dwelling
unit or commercial or industrial establishment is served by a single meter, a separate
minimum charge at the rate established for a five-eighths-inch meter shall be charged for each
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such dwelling unit or establishment, but the minimum charge for the property shall not be less
than that determined by the size of the water meter serving the property.
[Amended 12-9-2003 by Ord. No. 2003-13; 6-8-2009 by Ord. No. 2009-12; 8-23-2010 by Ord.
No. 2010-16; 1-24-2011 by Ord. No. 2011-01]
Size of Minimum Volume of Wastewater Accepted per
MeterChargeMinimum Charge
(inches)Per Month(units)
5/8 $1550
3/4 $1550
1 $30100
1 1/2 $60200
2 $90300
3 $120400
4 or larger$180600
C. Determination of volume. For the purpose of determining the volume of sanitary sewage only,
discharged into the sewer system from any property, the volume of water furnished to the
property from the Borough's water system, as measured by the water meter at the property,
shall be deemed to be the measure of the sanitary sewage discharged therefrom, unless a flow
meter shall have been installed in the building sewer, or unless the property owner can
establish to the satisfaction of the Borough that a substantial measured proportion of the water
served to the property is not discharged into the sewer system. No claim for adjustment shall
be considered on account of unmeasured water used for sprinkling with an approved
measuring device.
D. If a flow meter is installed in the building sewer, the volume of flow indicated thereby shall
be deemed to be the measure of the volume of wastewater discharged. If a substantial portion
of the water measured by the water meter is not discharged into the sewer system, the
Borough Manager or the Superintendent of the Sewer Department of the Borough of
Chambersburg is hereby authorized to establish an equitable basis for the determination of the
sewer service charges. In general, any person wishing any such determination may be required
to install a separate water meter or meters or a wastewater meter, at his own expense, to serve
as a basis for making such a determination. In no case shall the sewer service charge for any
property connected to the sewer system be less than the minimum charge herein set forth
unless extraordinary circumstances exist, which can be demonstrated to the satisfaction of the
Borough, which prevent the full flow capacity of the waterline, as represented by the size of
the water meter, from being discharged into the sewer under any circumstances.
E. The 531 class of service provides for the acceptance, treatment and disposal of sanitary sewage
only to properties that flow through the Greene Township Municipal Authority sewer lines
into the Borough of Chambersburg sewer system.
[Added 5-23-2005 by Ord. No. 2005-6]
§ 242-19. Industrial waste charges (522).
For the acceptance, treatment and disposal of industrial wastes, or mixtures of sanitary sewage and
industrial wastes, the service charges shall be determined as follows:
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A. Volume charge:
(1) Per unit (10 cubic feet): $0.300.
[Amended 12-9-2003 by Ord. No. 2003-13; 8-23-2010 by Ord. No. 2010-16; 1-24-2011 by
Ord. No. 2011-01]
B. Waste strength adjustment:
(1) To recognize the character of industrial wastes, the volume charge established in
Subsection A of this section shall be multiplied by an adjustment factor determined as
follows:
(2) In the event that any term of the above formula results in a negative number, such term
shall be disregarded. The values of BOD (biochemical oxygen demand) and suspended
solids shall be expressed in milligrams per liter (parts per million); both values to be
determined by the Borough in accordance with the methods prescribed or recommended in
the latest edition of Standard Methods.
C. Minimum charge: The minimum charge per month for any single commercial or industrial
establishment shall not be less than that established in § 242-18B hereof.
D. Determination of volume. For the purpose of determining the volume of industrial wastes or
of a mixture of sanitary sewage and industrial wastes discharged by any user, the volume of
water furnished to the user's property from the Borough's water system as measured by a
water meter at the property shall be deemed to be the measure of the volume of wastewater
discharged, unless a flow meter shall have been installed in the building sewer. The volume of
wastewater so determined shall be subject to equitable adjustment as provided in § 242-18C
hereof. If a wastewater flow is in use, the volume of flow indicated thereby shall be deemed
to be the measure of the volume of wastewater discharged.
E. Sampling wastes. For the determination of wastewater strength, samples of the wastewater
discharged into the sewer system by the user shall be obtained by the Borough at the property
of such user in such manner as to obtain a representative specimen of the wastewater so
discharged, which samples may be composite samples or otherwise in proportion to the
variations in the rate of flow of the wastewater. Samples may be obtained as frequently and
for such periods as the Borough may deem appropriate.
F. Determination of strength. Wastewater samples shall be analyzed by the Borough at its
laboratory, or at any other Borough-approved laboratory in accordance with the above-
mentioned procedures in Standard Methods, and the strength of the wastewater so determined
shall be used in establishing the wastewater strength adjustment applied to each user's volume
charge. Any user may, upon prior request, witness the analysis conducted by the Borough or
by the approved laboratory. In the event of a difference of opinion between the Borough and
the user relative to the results of an analysis of a particular wastewater sample, the
determination by the Borough shall be final.
§ 242-20. Service charges outside of Borough (541).
For the acceptance, treatment and disposal of sanitary sewage only, the sewer service charges to
dwellings outside the Borough limits shall be equal to the Borough sewer service charges for
dwellings plus 25%. All connections to the sewer system from dwellings outside the Borough limits
shall in all other respects be subject to the provisions of an ordinance entitled "an ordinance permitting
connections to be made to the sanitary sewerage system of the Borough of Chambersburg from
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dwellings outside the Borough limits under certain specific conditions and fixing charges for the user
thereof," adopted by the Town Council of Chambersburg on June 7, 1948, as amended.
Editor's Note:
See Art. I of this chapter.
A. Volume charge.
(1) Per unit (10 cubic feet): $0.375.
[Amended 12-9-2003 by Ord. No. 2003-13; 8-23-2010 by Ord. No. 2010-16; 1-24-2011 by
Ord. No. 2011-01]
(2) The above charges shall apply to each dwelling unit and each commercial or industrial
establishment.
B. Minimum charge. The minimum charge per month shall be as set forth below based upon the
nominal size of the water meter serving the property. Where more than one separate dwelling
unit or commercial or industrial establishment is served by a single meter, a separate
minimum charge at the rate established for a five-eighths-inch meter shall be charged for each
such dwelling unit or establishment, but the minimum charge for the property shall not be less
than that determined by the size of the water meter serving the property.
[Amended 8-23-2010 by Ord. No. 2010-16; 1-24-2011 by Ord. No. 2011-01]
Size of Minimum
MeterChargeVolume of Wastewater Accepted per
(inches)Per MonthMinimum Charge
5/8 $18.7550 units
3/4 $18.7550 units
1 $37.50100 units
1 1/2$75200 units
2$112.50300 units
3$150400 units
4 or larger$225600 units
§ 242-21. Terms of payment for residential services.
Bills will be rendered for sewer service to residential premises in accordance with the Borough of
Chambersburg Residential Utility Services Manual, as may be revised from time to time by the Mayor
and Town Council and shall be available to the public at the Utility Offices at Borough Hall and at
the Utilities Service Center, 80 South Franklin Street.
§ 242-22. Terms of payment for nonresidential services.
A. Bills for sewer service will be issued at intervals of approximately 30 days, and charges shall
be payable at the Borough offices on a net basis to and including the due date shown on the
bill rendered and on a two-and-one-half-percent penalty basis thereafter. Failure to receive a
bill shall not entitle a user to an extension of time for payment.
B. Failure to pay all charges within 14 days after the bill becomes due shall be cause for
termination of sewer service until payment is made of all outstanding charges for utility
service. If service is terminated under these conditions, a reconnection charge to be
established by resolution of Town Council shall be paid before service is restored. If an
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employee of the Borough visits the user's premises to deliver a notice, collect the amount due
and/or terminate the service, a service charge to be established by resolution of Town Council
shall be assessed for each visit.
C. Each user shall pay for sewer service furnished to his premises until proper notice has been
given to the Borough to discontinue service and for a reasonable time thereafter to enable the
Borough to read its meter at its premises. When service is discontinued at any user's premises,
a bill for service will be rendered promptly and shall be payable on a net basis to and
including the due date shown on the bill rendered and on a two-and-one-half-percent penalty
basis thereafter.
§ 242-23. Industrial Cost Recovery System (ICR).
The Borough agrees to make the ICR System approved by the United States Environmental Protection
Agency (EPA) a part of this article and will enforce the ICR System as mandated by EPA.
§ 242-24. Garbage grinders.
A. The use of garbage or food waste grinders discharging into the sanitary sewer system of the
Borough may be permitted in the kitchens of dwelling units and food preparation areas of
commercial or industrial establishments upon the registration of each such device with the
Borough. All such grinders shall be installed in full compliance with the terms of the Borough
Plumbing Code and the Borough ordinance regulating electrical work.
Editor's Note: See Ch.
Any plumber or
213, Plumbing Standards, and Ch. 135, Electrical Standards, respectively.
electrician installing any such grinder shall first secure the permit required by the said code or
ordinance in each case.
B. Charges for commercial or industrial establishments with food waste grinders. Commercial or
industrial establishments with food waste grinders installed in the food preparation areas will
be charged two times their regular monthly sewer bill for the use of the food waste grinder,
except for the industrial establishments that are paying a waste strength adjustment on their
monthly sewer bill.
§ 242-25. Storm sewers.
No person shall, at any time, discharge any sanitary sewage or industrial waste into any storm sewer
of the Borough of Chambersburg; nor shall any person construct or utilize existing private stormwater
sewers for such purposes.
§ 242-26. Stormwater.
No person shall discharge any rainwater, roof water, surface water, stormwater or groundwater from
springs or underground seepage into the sanitary sewer system of the Borough of Chambersburg. This
prohibition shall apply to the discharge of cellar drainers or other pumps used to remove surface water
or seepage water from cellars or other low-lying areas. This section shall not be construed to prohibit
the use of a sump pump or sewage ejector for discharging laundry water, sanitary sewage or other
similar wastes from low-lying areas, but the sumps or other containers from which such pumps or
ejectors are supplied must be construed so that no rainwater or groundwater is admitted thereto.
§ 242-27. Biennial review.
The Borough will review the sewer service charges as to their adequacy to fund operation,
maintenance and replacement costs and make any adjustments that may be necessary not less
frequently than every two years.
§ 242-28. Penalty.
The penalty added after the due date will be 2.5%.
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§ 242-29. Effective date.
[Amended 8-23-2010 by Ord. No. 2010-16; 1-24-2011 by Ord. No. 2011-01]
The rates established
by this article shall become effective with all sewer service bills rendered on or after February 1,
2011.
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