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HomeMy WebLinkAboutGreencastle Borough Sewage Borough of Greencastle, PAPage 1 of 18   Borough of Greencastle, PA Wednesday, March 28, 2012 Chapter 155. SEWERS [HISTORY: Adopted by the Borough Council of the Borough of Greencastle 9-6-2005 by Ord. No. 2005-7. Amendments noted where applicable.] GENERAL REFERENCES Uniform construction codes — See Ch. 106. Stormwater management — See Ch. 166. Streets and sidewalks — See Ch. 169. Subdivision and land development — See Ch. 180. Water — See Ch. 197. Article I. Definitions § 155-1. Definitions and word usage. The following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number, and the word "shall" is always mandatory and not merely directory. ACCIDENTAL DISCHARGE Any discharge of water or wastewater which is inadvertent and which results in or increases pollution or contains a pollutant or is not in compliance with the requirements of any Borough ordinance. AUTHORITY Greencastle, Franklin County, Authority, as presently or hereafter constituted, which has been created by the Borough Council and to which has been referred by the Borough Council the management of the Borough's sewer system. AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER An authorized representative of an industrial user may be: A. A principal executive officer of at least the level of vice president, 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 if the industrial user is a governmental entity, charitable organization or other such unincorporated entity; D. A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the discharge originates. BOROUGH http://www.ecode360.com/print/GR21853/28/2012 Borough of Greencastle, PAPage 2 of 18 The Mayor and Borough Council of the Borough of Greencastle, Franklin County, Pennsylvania, or the duly constituted and elected Borough Council thereof. COUNCIL The group of elected officials acting, from time to time, as the governing body of the Borough. DISCHARGE The conveyance of any water or wastewater into the sewer system. GREASE TRAP An interceptor, separator or trap that separates, collects or receives fat, oils or grease, including but not limited to those used by motor vehicle service facilities and food processing and cooking [Added 8-6-2007 by Ord. No. 2007-03] establishments. INDUSTRIAL ESTABLISHMENT Any property used wholly or in part for the manufacturing, fabricating, processing, cleaning, laundering or assembly of any product, commodity or article. INDUSTRIAL USER Any person who discharges industrial waste into the sewer system. INDUSTRIAL WASTE Any solid, liquid or gaseous substance or waterborne wastes or form of energy rejected or escaping from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources, as distinct from sanitary sewage. INTERFERENCE A discharge which, alone or in conjunction with discharges from other sources: A. Inhibits or disrupts the processes or operations of the sewage treatment plant or the sewer system; or sludge-handling processes, including end use or disposal; or B. Is a cause of 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 provisions of the Pennsylvania Solid Waste Act or which results in or increases the severity of a violation of state or federal environmental statutes, rules or regulations. LATERAL That part of the sewer system extending from a public main or street sewer to curbline or property line if there is no curb, and where the main or street sewer line is laid under a sidewalk, the word "lateral" shall mean the "Y" connection from the main or street sewer line. OCCUPIED BUILDING Any structure erected and intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sewage and industrial waste, or either thereof, is or may be discharged. 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. PLUMBING FIXTURES Receptacles intended to receive or discharge any liquid water or water-carried wastes into a service line. POLLUTANT Any substance including but not limited to dredged spoil, grease, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive http://www.ecode360.com/print/GR21853/28/2012 Borough of Greencastle, PAPage 3 of 18 materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste which, when discharged into water, results in pollution or increases pollution. 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 is likely to produce similar deleterious effects. PROPERTY ACCESSIBLE TO THE SEWER SYSTEM Real estate which adjoins, abuts on, or is adjacent to the sewer system. SANITARY SEWAGE The normal water-carried household and toilet wastes from residences, business buildings, institutions, commercial and industrial establishments. SEWAGE The normal water-carried household and toilet wastes from residences, business buildings, institutions and industrial establishments. 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. SEWAGE TREATMENT WORKS An arrangement of devices and structures used for treating and disposing of sewage. SEWER MANAGER Any person who may, from time to time, be placed in general charge of the sewer system. SEWER SYSTEM All facilities operated by the Borough for the collection and disposal of sanitary sewage and acceptable industrial wastes and shall include the sewage collection system, sewage treatment plant, and any sewers that convey wastewater to the sewage treatment plant. For the purposes of this chapter, "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. SIGNIFICANT INDUSTRIAL USER An industrial user who: A. Has a discharge flow of 15,000 gallons or more per day; or B. Has an organic or suspended solids loading greater than 30 pounds per average work day based on any composite sample collected over a twenty-four-hour period or period of discharge if less than 24 hours; or C. Has the potential, as determined by the Borough, to exert impact or cause interference, either singly or in combination with other contributors, on the operation of the sewer system, the quality of the sludge, or air emissions generated by the sewer system. SLUG LOAD Any discharge of water or wastewater in which the concentration of any constituent or the rate of flow exceeds, for any period of time longer than 15 minutes, five times the average concentration or flow rate from that source during a normal working day. SOIL PIPE Any vertical line of pipe extending through the roof, receiving the discharge of one or more water closets, with or without other fixtures. http://www.ecode360.com/print/GR21853/28/2012 Borough of Greencastle, PAPage 4 of 18 USER Any person who contributes, causes or permits the discharge of wastewater into the sewer system. VENT PIPE Any pipe extending through the roof to ventilate the system of piping and to prevent trap siphonage and backpressure. WASTE PIPE Any pipe receiving the discharge from any fixtures except a water closet. 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 Article IV of this chapter. WATER AUTHORITY The Greencastle Area, Franklin County, Water Authority. Article II. Connection to System; Charges § 155-2. Connection to sewer system required. A. All persons owning any occupied building now erected upon property accessible to the sewer system shall at their own expense connect such building with the sewer system. B. All persons owning any property accessible to the sewer system upon which an occupied building is hereafter erected shall, at the time of the erection of such building and at their own expense, connect the same with the sewer system. C. All persons owning any occupied building upon property which hereafter becomes accessible to the sewer system shall, at their own expense, connect such building with the sewer system. § 155-3. Prohibited facilities. It shall be unlawful for any person owning any property accessible to the sewer system to erect, construct or use or maintain, or cause to be erected, constructed, used or maintained, any privy, cesspool, sinkhole, septic tank or other receptacle on such premises for receiving sewage. § 155-4. Certain facilities declared nuisance. Any person who erects, constructs, uses or maintains a privy, cesspool, sinkhole or septic tank on any property accessible to the sewer system in violation of this chapter shall be deemed and shall be declared to be erecting, constructing and maintaining a nuisance, which nuisance the Borough is hereby authorized and directed to abate in the manner provided by law. § 155-5. Connections to sewer system regulated. No connection shall be made to, nor shall any industrial waste be discharged into, the sewer system except in compliance with the ordinances and resolutions, as well as such rules and regulations, as may, from time to time, be enacted, adopted, approved or promulgated by the Borough. § 155-6. Grant of easements to sewer authority. Borough hereby grants to the Authority all and every easement, right-of-way and any and all other rights necessary or desirable on, over or under the streets, sidewalks and alleys in the Borough for the purpose of constructing the sewer system therein. http://www.ecode360.com/print/GR21853/28/2012 Borough of Greencastle, PAPage 5 of 18 § 155-7. Imposition of connection charge. [Amended 8-1-2005 by Ord. No. 2005-5] There is hereby imposed upon each owner of property connecting to the sewer system the following connection charges: Editor's Note: This ordinance also provided that: "The connection and tapping fees shall be adopted, from time to time, by resolution of the Borough Council of the Borough of Greencastle, provided that such fees are based on studies by the Borough’s Engineer and in compliance with current laws." A. Connection fee: $1,475 per residential connection. B. Capacity part tapping fee: $1,725 per residential connection. C. Collection part tapping fee: $1,600 per residential connection. § 155-8. Imposition of sewer rent or charge. There is hereby imposed upon each property, person or user served by the sewer system and having the use thereof a quarterly sewer rent or charge, payable as hereinafter provided, for the use, whether direct or indirect, of the sewer system based on the schedules of classifications and rates hereinafter set forth. § 155-9. Sewage rates. A. Rates for metered water users. All persons owning property connected to the sewer system and served with metered water service by Greencastle Area, Franklin County, Water Authority shall pay a quarterly rental for sanitary sewage services based on quantity of water used, as evidenced by meter readings of water meters installed and maintained by Greencastle Area, Franklin County, Water Authority for the purpose of measuring water purchased from said Water Authority and such other meters as may be installed pursuant to any provisions of this chapter, and subject to the minimum charges hereinafter provided, all as follows: (1) Quarterly rate: 30,000 gallons per quarter; $5 per thousand gallons. B. The minimum quarterly charge for sewer service shall be $45 per quarter. § 155-10. Floor drains. A. Floor drains shall only be permitted where it can be shown to the satisfaction of the Borough that their use is absolutely necessary, and arrangements made to maintain a permanent water- seal in the trap and be provided with check or back-water valves, where necessary. B. A permit shall be obtained from the Borough before any floor drain can be attached to the house drain. C. No permit for a basement drain shall be granted until the owner of the building or his agent has executed and signed a written agreement upon a form furnished by the Borough releasing the Borough from any damage that may result from the basement being flooded by the stoppage of sewers, which agreement shall be filed with the sewer manager. All basement sewer connections shall be provided with a check valve, and the plumbing waste pipes therein shall be so connected that the use of fixtures on or above the first floor of said building shall not be interfered with by the shutting off of said valve. § 155-11. Grease traps. [Amended 8-6-2007 by Ord. No. 2007-03] All hotels, restaurants, boardinghouses and public eating places, before draining into said sewer system, shall install grease traps in the house drains. The grease traps shall be approved by the Borough. A grease trap shall be installed and located to efficiently remove fat, oils or grease and to be easily and readily accessible for maintenance, cleaning and inspection, and shall not have sanitary waste directed into it. http://www.ecode360.com/print/GR21853/28/2012 Borough of Greencastle, PAPage 6 of 18 A. Type, design, and size of grease trap required. The grease trap shall be of a type, design and capacity acceptable to the Borough. The minimum capacity for new grease traps shall be 1,000 gallons unless the Borough issues a written waiver of this requirement. B. Permit required. A permit issued by the Borough shall be required to install a new grease trap and to use an existing grease trap. A permit will be required for each grease trap. (1) Users required to secure a permit shall complete and file with the Borough an application in the form prescribed by the Borough, and new users shall be accompanied by a fee in the amount of $50, which amount may be later revised by resolution of Borough Council. The application shall require in part the following information. (a) Name of person or entity which will be using the grease trap, their address and telephone number. The permit will be issued to this person or entity who will be bound by the terms of the permit. (b) Name, address and telephone number of the owner of the property where the grease trap is located. (c) Address where the grease trap is located. (d) Size of the grease trap, type and manufacturer. (e) Date when the grease trap was installed. (f) If requested, a copy of the plumbing plan for the facility showing the location of all drain lines, sinks. For older structures where a plan is not available, inspection of the facility by the Borough will be required. (2) The permit shall be renewed annually. Renewal of the permit shall not require another application unless the information provided in the application has changed. (3) No new permit shall be issued except upon payment of the permit fee. (4) Based on the application, the Borough shall specify in the permit the minimum cleaning frequency for the grease trap. For permit renewals, this frequency may be adjusted if conditions warrant. (5) By the permit, permittee and their use of the grease trap shall be subject to Chapter 155. (6) All users of existing grease traps shall submit an application within 30 days of the effective date of this section; a timely submitted application shall authorize use of the grease trap until the permit application is granted or denied. C. Installation. (1) Prior to the installation of a new grease trap or modification of an existing grease trap, its design and installation diagram must be approved by the Borough. (2) At least three business days prior to the start of installation, permittee shall notify the Borough when installation will occur. (3) Before backfilling, the grease trap and all plumbing shall be inspected by the Borough. D. Test-sampling manhole. All new businesses or connections shall, in addition to the grease trap permitting requirements herein, install a test-sampling manhole prior to the connection to the main line. E. Cleaning requirements. http://www.ecode360.com/print/GR21853/28/2012 Borough of Greencastle, PAPage 7 of 18 (1) The grease trap shall be cleaned at a frequency not less than that specified in the permit. (2) The method for cleaning the grease trap shall be of the suction type, unless otherwise authorized by the Borough. The utilization of chemical or biological additives/degreasers or any product that may liquefy grease trap wastes is prohibited. (3) When the grease trap is cleaned, the date of cleaning, the name of the person who performed the cleaning, the amount removed, and where the trap's contents were disposed shall be recorded. The record of the cleaning shall include the ticket provided by the person cleaning the grease trap and hauling its contents for disposal. Within five business days after the cleaning of the grease trap, permittee shall provide to the Borough a copy of the record of the cleaning. (4) Records of the cleaning shall be maintained for two years at the site of the grease trap. The records shall also be provided upon the request of the Borough. F. Maintenance. The permittee shall maintain the grease trap in good working order. If the grease trap becomes inoperative for any reason, the permittee shall inform the Borough, within 48 hours of the trap first becoming inoperative, of the corrective measures being taken by the permittee to restore operation of the grease trap and when these measures will be completed, which shall not exceed 10 days. Until it is again in good working order, the grease trap shall not be used. G. Inspection. In applying for and being issued a permit, permittee consents to the Borough or the Borough's representative entering the premises at all reasonable times to inspect the grease trap and areas where waste grease, oils or fats are disposed and to review the records of cleaning. On these inspections, the Borough may sample and test the wastewater discharge and observe the performance of the grease trap. H. Notification of violation. Whenever the Borough finds that any user has violated or is violating any prohibition, limitation or requirement contained in this chapter, the Borough shall serve upon such user a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction therefor shall be submitted to the Borough's rights and powers to immediately suspend service. I. Enforcement. Any person or entity violating this section shall be subject to the enforcement actions and civil penalties prescribed in Chapter 155. Article III. Surcharge Provisions § 155-12. Surcharge limits. Any user discharging wastewater into the Borough's sewer system, when such wastewater contains pollutant concentrations in excess of the surcharge limits listed below, will be subject to a strength-of- waste surcharge for each pollutant concentration in excess of the surcharge limits: Surcharge Limit Pollutant(mg/l) Biochemical oxygen demand (BOD) Total suspended solids Total Phosphorus, as P Ammonia-Nitrogen, as N Total Nitrogen http://www.ecode360.com/print/GR21853/28/2012 Borough of Greencastle, PAPage 8 of 18 § 155-13. Calculation of surcharge amount. Users discharging wastewater to the Borough's sewer system subject to the provisions of this chapter shall pay a strength-of-waste surcharge, in addition to applicable volume charges, equal to the sum of 1/10 of 1% (0.001 as a decimal) of the quarterly sewer rental charge, for each mg/l by which the BOD, total suspended solids, total phosphorus, or ammonia-nitrogen exceeds the surcharge limits established under this chapter. Each surcharge amount shall be considered a separate charge, additive to the quarterly sewer rental billing amount of the user. § 155-14. Determining strength of wastewater. A. The strength of wastewater (i.e., concentration of pollutants) to be used for establishing the amount of surcharge shall be determined by the Borough at least once every billing quarter either: (1) By suitable sampling and analysis of the wastewater for three consecutive days; (2) From estimates made by the Borough; or (3) From known relationships of products produced to strengths of wastewater for those users where such factors have been established. B. When the strength of wastewater is determined by analysis, the analyses shall be performed in accordance with the procedures outlined in the latest edition of Standard Methods for the Examination of Water and Wastewater, published jointly by the American Public Health Association, the American Water Works Association, and the Water Environment Federation. The concentration to be used to calculate the surcharge amount shall be the arithmetic average of the individual samples analyzed over each of the three consecutive days of sampling. § 155-15. Costs associated with monitoring and enforcement of surcharge provisions. A. The cost of monitoring activities performed by the Borough, in accordance with the provisions of this chapter, shall be the responsibility of the user, regardless of whether the monitoring results identify concentrations of pollutants in the user's discharge in excess of the Borough's surcharge limits. Such costs shall include, but not be limited to, the following: (1) The costs for the analyses; (2) Rental of Borough equipment used in performing the monitoring (i.e., vehicles, samplers, flowmeters, etc.); (3) Labor costs associated with installation of monitoring equipment and sample transport; and (4) Administrative costs associated with tabulation of the surcharge amount and billing. B. All costs associated with enforcement of the provisions of this chapter shall be borne by the user. These costs may include legal and engineering fees, as well as filing fees and other court costs. § 155-16. General prohibitions. No user shall discharge or cause to be discharged, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the sewer system. These general prohibitions apply to all users whether or not the users are subject to any other pretreatment requirements or discharge limitations. § 155-17. Specific prohibitions. No user may discharge the following substances to the sewer system: http://www.ecode360.com/print/GR21853/28/2012 Borough of Greencastle, PAPage 9 of 18 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. 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. At no time shall the closed cup flashpoint of the wastewater be less than 140° Fahrenheit. Prohibited materials include, but are not limited to, the following substances: gasoline, kerosene, naphtha, benzene, ethers, alcohols, peroxides, perchlorates, bromates, and carbides. B. Solid or viscous substances which may cause obstruction of the flow in a sewer or other interference with the operation of the sewer system, such as, but not limited to: 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, waste paper, 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 9.0, 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 toxic 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, or create a toxic effect in the receiving waters of the sewage treatment plant. E. Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other substances normally 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. Any petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through, but in no case exceeding 20 mg/l. H. Fats, oils, greases or waxes of animal or vegetable origin in amounts which exceed 100 mg/l. I. 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 case shall a substance discharge 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 Solid Waste Disposal Act, the Clean Air Act, the Toxics Substances Control Act, or state or federal criteria applicable to the sludge management method being used. J. Any substance which will cause the Borough to violate its NPDES and/or state water quality management permit or applicable receiving water quality standards. K. Any wastewater with objectionable color which will pass through the treatment plant, such as, but not limited to, dye wastes and vegetable tanning solutions. L. 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 point of discharge into the sewer system which exceeds 140° F. (60° C.). http://www.ecode360.com/print/GR21853/28/2012 Borough of Greencastle, PAPage 10 of 18 M. Any pollutants, including oxygen-demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which will cause interference to the sewage treatment plant or interfere with the operation of the sewer system. In no case shall a slug load be discharged. N. 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 federal regulations. O. Any trucked or hauled wastewater or pollutants except those discharged at points designated by the Borough. P. Any wastewater which is incompatible with treatment processes in use at the sewage treatment plant or which may cause interference or pass through. Q. 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. R. Any garbage, except properly chopped garbage from private residences only. Such garbage from private residences shall not contain particles greater than 1/2 inch in length and width, or 1/2 inch in diameter. "Garbage" shall not be construed to mean industrial waste. § 155-18. Development of local limits. The Borough reserves the right to develop local limits regulating the discharge of pollutants to the sewer system. These local limits will apply to all users of the sewer system, whether or not the users are subject to any other pretreatment standards or discharge limits. Article IV. Wastewater Discharge Permits § 155-19. Permit required. A. All significant industrial users proposing to connect to or discharge to the sewer system shall obtain a wastewater discharge permit at least 90 days before connecting to or discharging to the sewer system. All existing significant industrial users connected to or discharging to the sewer system shall apply for a wastewater discharge permit within 45 days after notification from the Borough. B. Following its review of the information provided, including any additional information which may be requested by the Borough, the Borough will issue or deny the issuance of a wastewater discharge permit to the significant industrial user. § 155-20. Permit application. A. Any significant industrial user required to obtain a wastewater discharge permit shall complete and file with the Borough an application in the form and containing information as prescribed by the Borough, and shall submit an administrative fee as established from time to time by the Borough. The application shall be executed by an authorized representative of the significant industrial user. B. The Borough will evaluate the data furnished by the significant 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 therein. § 155-21. Permit modifications. The wastewater discharge permit of a significant industrial user may be revised by the Borough when: A. Necessitated to protect public health, welfare and safety; http://www.ecode360.com/print/GR21853/28/2012 Borough of Greencastle, PAPage 11 of 18 B. In response to a change in process or discharge by the significant industrial user; C. In response to a change in Borough, county, state and federal regulations; D. In response to a change in Borough's NPDES permit, or any other permit, or a change in state and federal regulations governing sludge disposal, air quality, or water quality. § 155-22. Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of any Borough ordinance and all other applicable regulations, charges and fees established by the Borough. Permits may contain the following: A. Limitations on the average and maximum wastewater constituents and characteristics including but not limited to flow, pollutant concentrations and mass limits; B. Limitations on average and maximum rate and time of discharge or requirements for flow regulation and equalization; C. Requirements of installation and maintenance of inspection, sampling and monitoring facilities; D. Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule; E. Compliance schedule and reporting requirements; F. Requirements for submission of technical reports or discharge reports; G. Requirements for maintaining and retaining records relating to wastewater discharge as specified by the Borough, and affording Borough access thereto; H. Requirements for notification of the Borough of any new discharge of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being discharged to the sewage treatment plant; I. Requirements for notification of slug loads and accidental discharges; J. Other conditions as deemed appropriate by the Borough to insure compliance with any Borough ordinance, or state and federal regulations. § 155-23. Permit duration. Permits shall be issued for a time period not to exceed five years and will expire on a specific date. The significant industrial user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the significant industrial user's existing permit. The terms and conditions of the permit may be subject to modification by the Borough during the term of the permit as described in § 155-21, supra. The significant industrial user shall be informed of any proposed change in its wastewater discharge permit at least 30 days prior to the effective date of change. Any changes or new conditions in the wastewater discharge permit shall include a reasonable time schedule for compliance. § 155-24. Permit transfer. Wastewater discharge permits are issued to a specific significant industrial user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the Borough. http://www.ecode360.com/print/GR21853/28/2012 Borough of Greencastle, PAPage 12 of 18 Article V. Compliance Schedules § 155-25. Criteria for preparation. If a compliance schedule is required to be contained or included with the application for a wastewater discharge permit, or if under any other circumstances a compliance schedule is required to be submitted to the Borough, the following criteria shall govern the preparation of the compliance schedule: A. The compliance schedule shall clearly show by line items, or clearly describe by numbered categories, all the major phases or steps which the applicant reasonably believes will be involved in order, within the shortest possible period of time: to place a new pretreatment facility or process into operation and to achieve compliance on a consistent basis; to bring an existing facility or process into compliance on a consistent basis; or to achieve compliance in some other respect or under some other circumstance. Example: The line item phases or steps which could be involved might include: a phase for the selection and retention of a consulting engineer; a phase for the preparation of preliminary design plans; a phase for the review and evaluation by the Borough of the preliminary design plans; a phase for the preparation of final design plans; a phase for the preparation of technical specifications, project manuals and bid documents; a phase for the invitation and receipt of bids; a phase for the acceptance of bids and the award and execution of contracts; a phase for construction or installation; and a phase for testing the facility or process. B. A commencement date and a completion date shall be assigned to each line item phase or step, or to each numbered category or step, referred to in Subsection A, supra. The period from commencement to completion of a particular phase or step shall be the shortest possible period of time. In no event, however, shall any phase or step exceed nine months in duration from commencement to completion. There shall be no hiatus or interval between one phase or step and the next. C. The compliance schedule shall show a final date by which compliance will be achieved on a consistent basis. Under no circumstances, however, shall this final date be later than any mandatory compliance date fixed by the United States Environmental Protection Agency for compliance with a National Categorical Pretreatment Standard; any mandatory compliance date fixed by the Borough for compliance with a prohibition, control, limit, flow equalization standard, pretreatment standard, or regulation issued or prescribed by the Borough; or any mandatory compliance date fixed by a governmental agency of the Commonwealth for compliance with a prohibition, control, limit, standard, or regulation issued or prescribed by the agency. § 155-26. Compliance schedule reports. If a compliance schedule is approved by the Borough, the applicant shall submit to the Borough periodic compliance schedule reports. The content and frequency of these reports shall be prescribed by the Borough. § 155-27. Administrative appeals. Any person, including the industrial user, may petition the Borough to reconsider the terms of a wastewater discharge permit within 30 days of its issuance. Such appeal shall be directed to the Public Facilities Committee of the Borough Council for its review. Upon consideration of the petition, the Committee shall make its recommendation to the Borough Council, whose decision regarding the appeal will be final. http://www.ecode360.com/print/GR21853/28/2012 Borough of Greencastle, PAPage 13 of 18 A. Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal. B. In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit. C. The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal. D. If the Borough fails to act within 60 days following the presentation of the petition to the Public Facilities Committee, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit, shall be considered final administrative action for purposes of judicial review. E. Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the court of competent jurisdiction. Article VI. Monitoring Facilities § 155-28. Location. The Borough may require a significant industrial user to provide and operate, at the significant industrial user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the discharge from the significant industrial user. The monitoring facility should normally be situated on the significant industrial user's premises, but the Borough may, when such a location would be impractical or cause undue hardship on the significant industrial user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. § 155-29. Construction and maintenance. Whether constructed on public or private property, the monitoring facilities shall be provided in accordance with the Borough's requirements and all applicable local construction standards and specifications. There shall be ample room in or near the monitoring facility to allow accurate sampling and preparation of samples for transport. Construction shall be completed within 90 days after construction plans have been approved by the Borough, in accordance with Article VI, § 155-30, of this chapter. The monitoring facility shall be maintained at all times in a safe and proper operating condition at the expense of the significant industrial user. § 155-30. Detailed plans. Detailed plans showing the intended facilities shall be submitted to the Borough for review within the time period approved by the Borough, and shall be acceptable to the Borough before construction of the facility. The Borough shall notify the user, in writing, when the detailed plans are acceptable for construction. § 155-31. Inspection and sampling. The Borough may inspect the facilities of any user to ascertain whether the purpose of any Borough ordinance is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or where there is a wastewater discharge shall allow the Borough or its representative ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, records examination or in the performance of any of their duties. The Borough shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has a security measure in force which would require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that upon http://www.ecode360.com/print/GR21853/28/2012 Borough of Greencastle, PAPage 14 of 18 presentation of suitable identification, the Borough will be permitted to enter, without delay, for the purpose of performing their specific responsibilities. Article VII. Accidental Discharges and Slug Loads § 155-32. Protection from discharge. Each industrial user shall provide protection from accidental discharge and slug loads. Facilities, when required by the Borough, to prevent an accidental discharge or slug load, shall be provided and maintained at the industrial user's cost and expense. § 155-33. Facility plan. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Borough for review, and shall be approved by the Borough before construction of the facility and implementation of the proposed procedures. All existing industrial users shall complete a plan, or provide evidence that such a plan is not necessary for their facility. No industrial user who commences discharge to the sewer system after the effective date of this chapter shall be permitted to discharge into the sewer system until this requirement has been fulfilled. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the industrial user's facility as necessary to meet the requirements of this chapter. § 155-34. Notification of discharge. In the case of an accidental discharge or slug load, it is the responsibility of the industrial user to immediately telephone and notify the Borough of the incident. The notification by the industrial user shall include location of discharge, type of waste, concentration and volume, and corrective actions to mitigate the accidental discharge or slug load. § 155-35. Written notice. Within five days following an accidental discharge or slug load, 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. 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 other applicable law. § 155-36. 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 an accidental discharge or slug load. Employers shall insure that all employees who may cause or suffer such an accidental discharge or slug load to occur are advised of the emergency notification procedure. Article VIII. Pretreatment and Confidential Information § 155-37. Pretreatment requirements. Industrial users shall provide necessary wastewater treatment as required to comply with all Borough ordinances. Any facilities required to provide pretreatment of wastewater to a level acceptable to the Borough 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 shall in no way relieve the industrial user from the responsibility of modifying under the provisions of all Borough ordinances. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Borough http://www.ecode360.com/print/GR21853/28/2012 Borough of Greencastle, PAPage 15 of 18 prior to the industrial user's initiation of the changes. All records relating to compliance with all Borough ordinances shall be made available to officials of the Borough upon request. § 155-38. Availability of information. Information and data on an industrial user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the industrial user specifically requests and is able to demonstrate to the satisfaction of the Borough that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the industrial user. The portions of a report which would disclose trade secrets or secret processes shall not be made available for inspection by the public but shall nevertheless be made available upon written request to governmental agencies for uses related to all Borough ordinances, the NPDES permit, any state disposal system permit and/or the programs under applicable categorical standards or for use by the Borough, any state, the Untied States, or any state or federal agency in judicial review or enforcement proceedings involving the user or the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. § 155-39. Industrial user notification. Before information accepted by the Borough as confidential is transmitted to any governmental agency by the Borough, a notification to the industrial user shall be provided listing the confidential information to be transmitted and the governmental entity requesting such information. Article IX. Measurement of Volume § 155-40. Methods of measuring volume. A. Whenever a person purchasing all water used from the Water Authority discharges sanitary sewage and/or industrial wastes into the sewer system, the volume of water used, as determined from meter readings of the Borough, shall be used in computing the sewer rental. B. In cases where persons have sources of water supply in addition to or other than from the Water Authority and discharge sanitary sewage and/or industrial wastes into the sewer system, those persons shall provide a meter on such additional or other source of supply. The total amount of water consumed as shown by these meter readings will be used in computing the sewer rental. C. In cases where persons use water from the Water Authority and/or from an independent supply such that all or any part of the water so used is not discharged into the sewer system, the quantity of water used to determine the sewer rental shall be computed by one of the following methods: (1) By placing a meter or measuring device on the sewer connection. The readings from this meter or measuring device shall be used in computing the sewer rental. (2) By placing a meter or measuring device on the effluent not discharging into the sewer system. The readings from this meter or measuring device will then be deducted from the total water meter readings and the remainder will be used in computing the sewer rental. (3) When, in the opinion of the sewer manager, it is not practical to install measuring devices to continuously determine the quantity of water not discharged to the sewer system, the sewer manager will determine, in such manner and by such method as he may prescribe, the percentage of metered water discharged into the sewer system and the quantity of water used to compute the sewer rental shall be the percentage so determined of the quantity measured by the water meter or meters. Any dispute as to the estimated amount shall be submitted to the Council after notice of the estimate, whose decision on the matter shall be final for the current calendar year. http://www.ecode360.com/print/GR21853/28/2012 Borough of Greencastle, PAPage 16 of 18 D. In cases where the Borough provides sanitary sewage services to a person or persons, user or users, and corporation or corporations, hereinafter generally referred to as "user," by accepting sanitary sewage from a main or pipe which is the terminus or end of a sanitary sewer collection system of such user, the user shall install a meter or measuring device for the purpose of measuring the quantity of sanitary sewage discharged from said sanitary sewer collection system into the Borough main and shall be responsible for the maintenance thereof, subject to the provisions of this chapter. § 155-41. Measuring devices. All meters or measuring devices not provided by the Water Authority but required to be used under the provisions of this chapter shall be furnished and installed by the property owner and shall be under the control of the Borough, and may be tested, inspected or repaired by Borough employees whenever Council deems necessary. The owner of the property upon which such measuring device is installed shall be responsible for its maintenance and safekeeping, and all repairs thereto shall be made at the property owner's expense, whether such repairs are made necessary by ordinary wear and tear or other causes. Bills for such repairs, if made by the Borough, shall be due and payable at the same time and collected in the same manner as are the bills for sewer services; such bills from and after their due date shall constitute a lien upon the property upon which such measuring device is installed. § 155-42. Meter readings. Borough shall be responsible for the reading of all meters or measuring devices, and they shall be made available to Borough employees for meter reading at any reasonable time. § 155-43. Time and methods of payment. The above connection fees set forth in this chapter shall be payable upon application for permit to make such connection. Sewer rentals or charges shall be billed and paid quarterly. § 155-44. Delinquent sewer rentals and liens. A. Quarterly charges for sewer service shall be subject to 10% penalty if not paid within 30 days after they are due. If not paid, the Borough shall have the right to cut off sewer service from the delinquent premises and not to restore the same until all delinquent bills against the same and the cost of cutting off and restoring service shall have been paid. B. All persons connected to the sewer system must give the Borough their correct address. Failure to receive bills will not be considered an excuse for nonpayment nor permit an extension of the period during which bills are payable at face. C. All sewer rentals, together with all penalties thereon, not paid on or before the end of one year from the date of each bill shall be deemed to be delinquent. All delinquent sewer rentals and all penalties thereon shall be a lien on the property served and shall be entered as a lien against such property in the office of the Prothonotary of Franklin County and shall be collected in the manner provided by law for the filing and collection of such liens. § 155-45. Segregation of sewer revenues. The funds received by the Borough from the collection of the connection charges or from sewer rentals and all penalties thereon, as herein provided for, and any fines collected by the Borough in connection with the sewer system shall be segregated and kept separate and apart from all other funds of the Borough and shall be used only for the purpose of defraying the expenses of the Borough in the operation, maintenance, repair, alteration, inspection, depreciation or other expenses in relation to such sewer system and for such payments as Borough may be required to make under any lease or agreement it may enter into for and of, or in connection with, said sewer system, with the Authority, in accordance with the provisions of the Act of May 2, 1945, P.L. 382, as amended. http://www.ecode360.com/print/GR21853/28/2012 Borough of Greencastle, PAPage 17 of 18 § 155-46. Service during portion of quarter. Whenever sewer service to any property begins after the first day or terminates before the last day of any calendar quarter, the sewer rentals for such period shall be a pro rata amount for that portion of the period during which said property is served; provided, however, that in making any such apportionment a fraction of a calendar month, amounting to 1/2 or more of a calendar month, shall be counted a full month, and a fraction of a calendar month amounting to less than 1/2 of a calendar month shall be disregarded. § 155-47. Rules and regulations. The Borough reserves the right to, and may from time to time, adopt, revise, amend and readopt such rules and regulations, by resolution, as it deems necessary and proper for the use and operation of the sewer system, and all such rules and regulations shall be and become a part of and enforceable under this chapter. Article X. Enforcement § 155-48. Notification of violation. Whenever the Borough finds that any user has violated or is violating any prohibition, limitation or requirement contained in this chapter, the Borough shall serve upon such user a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction therefor shall be submitted to the Borough by the user; provided that this provision shall not affect or limit the Borough's rights and powers to immediately suspend service. § 155-49. Suspension of services. A. The Borough may suspend services provided by the sewage treatment plant when such suspension is necessary, in the opinion of the Borough, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, causes interference to the sewer system, or causes the Borough to violate any condition of its NPDES permit. B. Any user notified of a suspension of the services provided by the sewage treatment plant shall immediately stop or eliminate the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, the Borough shall take such steps, as it may deem necessary, including, without limitation, immediate severance of the sewer connection, to prevent or minimize damage to the sewer system or endangerment to any individuals. C. The Borough shall reinstate the service provided by the sewage treatment plant upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the IU describing the cause of the noncomplying discharge and the measures taken to prevent any future occurrence shall be submitted to the Borough within 15 days of the date of the occurrence. § 155-50. Civil penalties. Any user who is found to have failed to comply with any provision of this chapter may be fined not less than $100 nor more than $1,000 for each offense. Each day during 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 attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the user who is found to have violated this chapter. § 155-51. Falsifying information. Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document produced, filed or required to be maintained http://www.ecode360.com/print/GR21853/28/2012 Borough of Greencastle, PAPage 18 of 18 pursuant to this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both. http://www.ecode360.com/print/GR21853/28/2012