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Borough of Shippensburg, PA
Tuesday, March 27, 2012
Chapter 127. SEWERS AND PRETREATMENT
[HISTORY: Adopted by the Borough Council of the Borough of Shippensburg 10-20-2009 by
Ord. No. 847, approved 10-20-2009.
Editor's Note: This ordinance also repealed former Ch. 127, Sewers
Amendments
and Pretreatment, adopted 1-16-1990 by Ord. No. 582, approved 1-16-1990, as amended.
noted where applicable.]
GENERAL REFERENCES
Borough Authority — See Ch. 8.
Water — See Ch. 148.
Article I. Terminology
§ 127-1. Definitions and word usage.
A. As used in this chapter, the following terms shall have the meanings indicated:
ACCESSIBLE
Any premises within the Borough abutting any street, alley or right-of-way on which
there is located a public sanitary sewer system or a premises located within 1,000 feet of
a public sanitary sewer.
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.
ALLOWABLE INDUSTRIAL WASTE
Any solid, liquid or gaseous substance, waterborne waste or form of energy ejected 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, which complies with all provisions of this chapter and which is allowed to be
discharged into the sewer system by the Borough of Shippensburg, Cumberland and
Franklin counties, Pennsylvania, or allowable by the rules and regulations of the Borough
of Shippensburg.
APPROVAL AUTHORITY
The Director in an NPDES state with an approved state pretreatment program and the
Administrator of the EPA in a non-NPDES state or NPDES state without an approved
state pretreatment program.
AUTHORITY
The Shippensburg Borough Authority of Shippensburg, Pennsylvania, or its duly
authorized representatives or agents. Such agents shall include the Borough of
Shippensburg, Pennsylvania, as appropriate under applicable agreements with the
Borough Authority.
AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE OF INDUSTRIAL
USER
(1) If the user is a corporation:
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(a) The president, secretary, treasurer or a vice president of the corporation in charge of
a principal business function, or any other person who performs similar policy or
decision-making functions for the corporation; or
(b) The manager of one or more manufacturing, production or operating facilities,
provided that the manager is authorized to make management decisions that govern the
operation of the regulated facility, including having the explicit or implicit duty of
making major capital investment recommendations, and initiate and direct other
comprehensive measures to assure long-term environmental compliance with
environmental laws and regulations; can ensure that the necessary systems are
established or actions taken to gather complete and accurate information for individual
sewer user permit requirements; and where authority to sign documents has been
assigned or delegated to the manager in accordance with corporate procedures.
(2) If the user is a partnership or sole proprietorship: a general partner or proprietor,
respectively.
(3) If the user is a federal, state or local governmental facility: a director or highest official
appointed or designated to oversee the operation and performance of the activities of the
government facility, or their designee.
(4) The individuals described in Subsections (1) through (3), above, may designate a duly
authorized representative if the authorization is in writing, the authorization specifies the
individual or position responsible for the overall operation of the facility from which the
discharge originates or having overall responsibility for environmental matters for the
company, and the written authorization is submitted to the Borough of Shippensburg.
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibitions of practices, maintenance procedures and other
management practices to implement the prohibitions listed in § 127-12. BMPs include
treatment requirements, operating procedures, and practices to control plant site runoff,
spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen expressed in milligrams per liter (mg/l), utilized in the
biochemical oxidation of organic matter under standard laboratory procedure in five days
at 20° C. The standard laboratory procedure shall be found in the latest edition of
Standard Methods for the Examination of Water and Sewage, published by the American
Public Health Association.
BOROUGH
The Borough of Shippensburg, Cumberland and Franklin Counties, Pennsylvania, or its
duly authorized representatives and agents of the Shippensburg Borough Authority as
appropriate under applicable agreement(s) with the Borough.
BUILDING SEWER
That part of the main building or house drain or sewer line inside the walls of the
building and extending through the wall to the point five feet outside the wall and
connecting to the lateral.
CATEGORICAL INDUSTRIAL USER
An industrial user subject to a National Categorical Pretreatment Standard or categorical
standard.
CHEMICAL OXYGEN DEMAND (COD)
A measure of the oxygen required to oxidize all compounds, both organic and inorganic,
in water.
COLOR OF AN INDUSTRIAL WASTE
The color of the light transmitted by the waste solution after removing the suspended
material, including the pseudocolloidal particles.
CONTROL AUTHORITY
The Shippensburg Borough Authority of Shippensburg, Pennsylvania, or its duly
authorized representatives or agents. Such agents shall include the Borough of
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Shippensburg, Pennsylvania, as appropriate under applicable agreement(s) with the
Borough.
COOLING WATER
The water discharged from any use, such as air conditioning, cooling or refrigeration, or
to which the only pollutant added is heat.
DAILY MAXIMUM
The arithmetic average of all effluent samples for a pollutant collected during twenty-four
-hour period starting from one calendar day and continuing into the next calendar day.
DAILY MAXIMUM LIMIT
The maximum allowable discharge limit of a pollutant during a twenty-four-hour period
starting from one calendar day and continuing into the next calendar day. Where daily
maximum limits are expressed in units of mass, the daily discharge is the total mass
discharged over the course of the twenty-four-hour period. Where daily maximum limits
are expressed in terms of a concentration, the daily discharge is the arithmetic average
measurement of the pollutant concentration derived from all measurements taken during
that twenty-four-hour period.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly into the waters of the
Commonwealth of Pennsylvania.
DISSOLVED SOLIDS
The anhydrous residues of the dissolved constituents in water or wastewater.
ENVIRONMENTAL PROTECTION AGENCY (EPA)
The U.S. 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.
EQUIVALENT DWELLING UNIT (EDU)
The amount of flow of sewage established as a uniform measure of usage of sewage
facilities. One EDU shall conform to the Borough of Shippensburg's most recent
documented Chapter 94 Municipal Wasteload Management Report flow rate in gallons,
or part thereof, per day.
EXISTING SOURCE
Any source of discharge that is not a new source.
FLOW PROPORTIONAL COMPOSITE SAMPLE
Combination of individual samples proportional to the flow of the waste stream at the
time of sampling.
GARBAGE
Solid waste resulting from the domestic and commercial preparation, cooking and
dispensing of food and from 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 water stream and over a period of time not exceeding 15 minutes.
GROUNDWATER
That water which is contained in or passing through the ground.
HAZARDOUS WASTE
Any effluent discharged into the sewer system containing any material defined as toxic,
radioactive or otherwise harmful by the Commonwealth of Pennsylvania, Department of
Environmental Protection or Section 1004 of the Resource Conservation and Recovery
Act (RCRA).
HOLDING TANK WASTE
Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic
tanks and vacuum pump tank trucks.
IMPROVED PROPERTY
Any property upon which there is erected a structure intended for continuous or periodic
habitation, occupancy or use by human beings or animals and from which structure or
property wastewater shall or may be discharged.
INDIRECT DISCHARGE
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The discharge or the introduction of pollutants from any nondomestic sources regulated
under Section 307(b), (c) or (d) of the Act (33 U.S.C. § 1317) into the sewer system,
including holding tank waste discharged into the system.
INDUSTRIAL USER
A source of indirect discharge.
INDUSTRIAL WASTE
Solid, liquid or gaseous substances, waterborne waste or form of energy discharged or
escaping in the course of any industrial, manufacturing, commercial, trade, business or
research process or in the course of development, recovering or processing of natural
resources, but not sanitary sewage.
INSTANTANEOUS LIMIT
The maximum concentration of a pollutant allowed to be discharged at any time,
determined from the analysis of any discrete or composited sample collected, independent
of the industrial flow rate and the duration of the sampling event.
INTERFERENCE
The inhibition or disruption of the sewage treatment plant processes or operations which
contributes to a violation of any requirement of the POTW NPDES permit. The term
includes prevention of sewage sludge use or disposal by the Borough in accordance with
Section 405 of the Act (33 U.S.C. § 1345) or any criteria, guidelines or regulations
developed pursuant to the Solid Waste Disposal Act (SWDA),
Editor's Note: See 42 U.S.C.
the Clean Air Act,the Toxic Solid
§ 6901 et seq. Editor's Note: See 42 U.S.C. § 7401 et seq.
Waste Disposal Act (TSWDA), the Toxic Substances Control Act
Editor's Note: See 15
or more stringent state criteria, including those contained in any state
U.S.C. § 2601 et seq.
sludge management plan prepared pursuant to Title IV of SWDA applicable to the
method of disposal or use employed by the Borough.
LATERAL
The sewer collection system from the point of connection to the sewer main, as defined
herein, to the structure being serviced.
LOCAL LIMITS
Local requirements developed and enforced by each POTW to implement the national
prohibitive discharges based on local and state requirements and specific POTW
operations.
MAIN
The pipes, manholes and pumping stations used for the collection and transportation of
sewage.
MANHOLE
A structure leading from the surface of the ground to a sewer, permitting access to the
sewer.
MEDICAL WASTE
Isolation wastes, infectious agents, human blood and blood products, pathological wastes,
sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated
laboratory wastes, and dialysis wastes.
mg/l
Milligrams per liter.
MONTHLY AVERAGE
The sum of all daily discharges measured during a calendar month divided by the
number of daily discharges measured during that month.
MONTHLY AVERAGE LIMIT
The highest allowable average of daily discharges over a calendar month, calculated as
the sum of all daily discharges measured during a calendar month divided by the number
of daily discharges measured during that month.
MUNICIPALITY
Any county, county authority, municipal authority, city, borough, township or school
district.
NATIONAL CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL
STANDARD
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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) that apply to a
specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405
through 471.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
PERMIT
A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
NEW SOURCE
(1) Any building, structure, facility or installation from which there is (or may be) a discharge
of pollutants, the construction of which commenced after the publication of proposed
pretreatment standards under Section 307(c) of the Act that will be applicable to such source
if such standards are thereafter promulgated in accordance with that section, provided that:
(a) The building, structure, facility or installation is constructed at a site at which no
other source is located; or
(b) The building, structure, facility or installation totally replaces the process or
production equipment that causes the discharge of pollutants at an existing source; or
(c) The production or wastewater generating processes of the building, structure, facility
or installation are substantially independent of an existing source at the same site. In
determining whether these are substantially independent, factors such as the extent to
which the new facility is integrated with the existing plant, and the extent to which the
new facility is engaged in the same general type of activity as the existing source,
should be considered.
(2) Construction on a site at which an existing source is located results in a modification
rather than a new source if the construction does not create a new building, structure, facility
or installation meeting the criteria of Subsection (1)(b) or (c) above but otherwise alters,
replaces or adds to existing process or production equipment.
(3) Construction of a new source as defined under this subsection has commenced if the
owner or operator has:
(a) Begun, or caused to begin, as part of a continuous on-site construction program:
[1] Any placement, assembly or installation of facilities or equipment; or
[2] Significant site preparation work including clearing, excavation or removal of
existing buildings, structures or facilities which is necessary for the placement,
assembly or installation of new source facilities or equipment; or
(b) Entered into a binding contractual obligation for the purchase of facilities or
equipment which are intended to be used in its operation within a reasonable time.
Options to purchase or contracts which can be terminated or modified without
substantial loss, and contracts for feasibility, engineering and design studies do not
constitute a contractual obligation under this subsection.
NONCONTACT COOLING WATER
Water used for cooling that does not come into direct contact with any raw material,
intermediate product, waste product or finished product.
NONRESIDENTIAL ESTABLISHMENT
Any structure or portion thereof intended to be used for commercial, industrial or
nonresidential purposes.
OPERATOR
Any person having charge, care, management or control of the sewer system or a tank
truck or trucks for use in the removal, transportation and disposal of sewage, septic
sewage and industrial wastes.
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OWNER
Any person vested with ownership, legal or equitable, sole or partial, of an improved
property.
PASS-THROUGH
A discharge which exits the POTW into the waters of the United States, in quantities or
concentrations which, alone or in conjunction with a discharge or discharges from other
sources, is the cause of a violation of any requirement of the POTW's NPDES permit,
including an increase in the magnitude or duration of a violation.
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, and
the singular shall include the plural where indicated by the context.
pH
The logarithm of the reciprocal of the concentration of hydrogen ions, expressed in gram
equivalent per liter of solution, and indicating the degrees of acidity or alkalinity of a
substance. A stabilized pH will be considered as a pH which does not change beyond the
specified limits when the waste is subjected to aeration. It shall be determined by one of
the accepted methods described in the latest edition of Standard Methods for Examination
of Water and Sewage, published by the American Public Health Association.
POLLUTANT
Any 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 and industrial, municipal and agricultural
waste discharged into water.
POLLUTION
The man-made or man-induced alteration of the chemical, physical, biological and
radiological integrity of water.
POTW TREATMENT PLANT
That portion of the POTW designed to provide treatment to wastewater.
PRETREATMENT or TREATMENT
The reduction of the amount of pollutants, the elimination of pollutants or the alteration
of the nature of pollutant properties in wastewater to a less harmful state prior to or in
lieu of discharging or otherwise introducing such pollutants into the sewer system. The
reduction or alteration can be obtained by physical, chemical or biological processes, or
process changes and other means, except as prohibited by § 127-17.
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment, other than a national
pretreatment standard imposed on an industrial user.
PRETREATMENT STANDARDS or STANDARDS
Prohibited discharge standards, categorical pretreatment standards and local limits.
PROHIBITIVE DISCHARGE STANDARD
Absolute prohibitions against the discharge of certain substances; these prohibitions
appear in § 127-12 of this chapter.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292), which is
owned in this instance by the Shippensburg Borough Authority of Shippensburg,
Pennsylvania. This definition includes any sewers that convey wastewater to the POTW
treatment plant but does not include pipes, sewers or other conveyances not connected to
a facility providing treatment. For the purposes of this chapter, "POTW" shall also
include any sewers that convey wastewaters to the POTW from persons who are, by
contract or agreement with the Borough, users of the POTW.
QUALIFIED ANALYST
Any person who has demonstrated competency in wastewater analysis by having
analyzed satisfactorily a minimum of three reference wastewater samples as supplied
upon request by the Borough or by submission of their generally recognized
documentation of competency.
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REFRIGERATION
The preservation of food products, the maintenance of temperature for aid in process
work and the maintenance of storage temperature.
RESIDENTIAL STRUCTURE
A structure intended to be occupied in whole by one family as a residence or one or
more apartments intended to be occupied as a living unit by the occupants.
SANITARY SEWAGE
The normal water-carried household and toilet waste from any improved property,
excluding, however, the effluent from septic tanks or cesspools, rain, stormwater and
groundwater, as well as roof or surface water, drainage or percolating or seeping waters,
or accumulation thereof, whether underground or in cellars or basements.
SANITARY SEWER
A sewer which carries sewage and/or authorized industrial wastes and to which
stormwater, surface water and groundwater are not intentionally admitted.
SEWAGE TREATMENT PLANT
"POTW treatment plant," as defined herein.
SEWER
A pipe or conduit for carrying sanitary sewage or authorized industrial waste.
SEWER SYSTEM
"Publicly owned treatment works (POTW)," as defined herein. For the purposes of this
chapter, "sewer system" shall also include any sewers that convey wastewater to the
sewer system from persons or organizations who are, by contract or agreement with the
Borough, users of the sewer system.
SEWER USE PERMIT
As set forth in § 127-27 of this chapter.
SIGNIFICANT INDUSTRIAL USER (SIU)
(1) An industrial user subject to National Categorical Pretreatment Standards.
(2) An industrial user that:
(a) Discharges an average of 25,000 gallons per day (gpd) or more of process
wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown
wastewater).
(b) Contributes a process wastestream which makes up 5% or more of the average dry
weather hydraulic or organic capacity of the POTW treatment plant.
(c) Is designated as such by the Authority on the basis that it has a reasonable potential
for adversely affecting the POTW's operation or for violating any pretreatment standard
or requirement.
SLUG LOAD or SLUG DISCHARGE
Any discharge at a flow rate or concentration which could cause a violation of the
prohibited discharge standards in § 127-12 of this chapter. A slug discharge is any
discharge of a nonroutine, episodic nature, including but not limited to an accidental spill
or a noncustomary batch discharge, which has a reasonable potential to cause interference
or pass-through, or in any other way violate the POTW's regulations, local limits or
permit conditions.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification Manual issued by the
Executive Offices of the President, Office of Management and Budget, 1972.
STANDARD METHODS
An abbreviated expression used to denote "Standard Methods for the Examination of
Water and Waste Water," a manual published by the American Public Health Association
specifying official analytical procedures for the measurement of wastewater parameters.
STATE
The Commonwealth of Pennsylvania.
STORMWATER
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Any flow occurring during or following any form of natural precipitation and resulting
thereof.
SUPERINTENDENT
The person designated by the Borough to supervise the operation of the POTW, and who
is charged with certain duties and responsibilities by this chapter. The term also means a
duly authorized representative of the Superintendent.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension in water, sewage or other
liquids which are removable by laboratory filtering.
TIME PROPORTIONAL COMPOSITE SAMPLE
A combination of individual samples with fixed volumes taken at specific time intervals.
TOTAL SOLIDS
The sum of dissolved and undissolved constituents in water or wastewater.
TOTAL SUSPENDED SOLIDS or SUSPENDED SOLIDS
The total suspended matter that floats on the surface of, or is suspended in, water,
wastewater or other liquid, and that is removable by laboratory filtering.
TOXIC SUBSTANCES
Any substance or combination of substances that is listed as toxic in regulations
promulgated by the Administrator of the Environmental Protection Agency under the
provisions of CWA Section 307(a) or other acts; or is present in sufficient quantity,
either singly or by interaction with other wastes, to injure or interfere with any sewage
treatment process, to constitute a hazard to humans or animals, to create a public
nuisance or to create any hazard in the sewer system or in the receiving waters of the
sewage treatment plant.
UNAUTHORIZED WASTE
Any waste which is not in compliance with the provisions of this chapter or which is
discharged into the sewer system by a person in violation of any provision contained in
this chapter.
USER
Any person who contributes, causes or permits the contribution of wastewater into the
sewer system.
WASTE HAULER
An individual, partnership or corporation involved in the removal, collection,
transportation and disposal of sewage, septic sewage and industrial/commercial wastes.
WASTEWATER
The liquid and water-carried industrial or domestic wastes from dwellings, commercial
buildings, industrial facilities and institutions, whether treated or untreated, which is
contributed into or permitted to enter the sewer system.
WATER-COOLED EQUIPMENT
Any equipment using water as a cooling medium for purposes other than air conditioning
or refrigeration.
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 ground, natural or artificial, public or private, which are contained
within, flow through or border upon the state or any portion thereof.
B. The term "shall" is mandatory; "may" is permissive.
§ 127-2. Abbreviations.
The following abbreviations shall have the designated meanings:
BODBiochemical oxygen demand
BMPBest management practices
BMRBaseline monitoring report
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CFRCode of Federal Regulations
CIUCategorical industrial user
CODChemical oxygen demand
EPAEnvironmental Protection Agency
gpdGallons per day
IPPIndustrial pretreatment program
IUIndustrial user
lLiter
mgMilligrams
mg/lMilligrams per liter
NPDESNational Pollutant Discharge Elimination System
PADEPPennsylvania Department of Environmental Protection
POTWPublicly owned treatment works
ppmParts per million
SICStandard industrial classification
SIUSignificant industrial user
SNCSignificant noncompliance
SWDASolid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
TRCTechnical review criteria
TSSTotal suspended solids
U.S.C.United States Code
WWTPWastewater treatment plant
Article II. Sewer Connection Charges
§ 127-3. Connections to accessible sewers required.
A. All persons owning any premises, residential or nonresidential, accessible to the sewers upon
which a building is now erected, or upon which a building is hereafter constructed, shall
immediately, or at the time of construction, as the case may be, at their own cost and expense,
connect said structure to the sewer system.
B. In the event of the failure of any person owning any premises to make such connection as
required by Subsection A hereof, after 30 days' notice from the Borough to do so, the
Borough may make such connection and collect the cost thereof from such person or persons
by the filing of a municipal lien or action of assumpsit, as provided by law.
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§ 127-4. Discontinuance of use of septic tanks.
It shall be unlawful for any person owning any occupied building or premises accessible to the sewer
system to erect, construct, 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.
§ 127-5. Abatement of nuisances.
Any person who erects, constructs or maintains a privy, cesspool, septic tank or sinkhole on any
property accessible to the sewer system in violation of this article shall be deemed and declared to be
erecting, constructing and maintaining a nuisance, which nuisance the Borough is hereby authorized to
abate, as provided by law.
§ 127-6. Regulated or prohibited wastes.
It shall be unlawful for any person owning any occupied building or premises accessible to the sewer
system to discharge into the sewer system any nondomestic waste, except under rules and regulations
which may, from time to time, be adopted by the Borough Council, or any roof or surface waters,
exhaust stream, oils, tar, grease, gasoline, benzine or other combustible gases or liquids, garbage or
insoluble solids or waste having any of the characteristics defined in § 127-12, General regulations, or
any other substance which would impair, impede, interfere with or endanger the sewer system or any
part thereof in any manner whatsoever or the function of the processes of sewage treatment.
§ 127-7. Compliance required.
All users located within or outside the limits of the Borough of Shippensburg who connect to the
Borough's wastewater treatment system shall comply with the rules and regulations of the Borough
Council or as may be otherwise required by law.
§ 127-8. Schedule of connection charged.
A. All owners of property, whether residential, industrial or commercial, making connection with
the sewers, sewage system and sewage treatment works of the Borough of Shippensburg,
Pennsylvania, and all owners of property who may hereafter connect and have use of said
sewerage system shall pay tapping fees and connection charges, as hereinafter provided, for
the use, whether directly or indirectly, of such sewerage facilities, based on the following
schedule of rates in accordance with the following classifications.
B. Additional costs and future connections.
(1) Tapping fee. There is hereby fixed and imposed upon the owner of each property making
any connection to the sewer system, directly or indirectly, including those changing the
type of use of property previously connected or connecting one or more new uses of the
types hereinafter referred to through an existing connection, regardless of whether such
property is connected separately or through one or more existing or new lateral sewer or
sewer connections or collection lines owned by any owner other than the Shippensburg
Borough Authority or the Borough of Shippensburg, a tapping fee of $1,324.22 per
equivalent dwelling unit, or part thereof, according to the Schedule of Equivalent
Dwelling Units, as set forth herein, for each connection within the Borough of
Shippensburg. The imposition of this tapping fee is in accordance with the Act 57 of 2003
Calculation of Tapping Fee April 2005 study prepared by ARRO Consulting, Inc. Tapping
fees shall, hereafter, not exceed those schedules which shall be adopted, from time to
time, by resolution of the Council of the Borough of Shippensburg, provided that such
fees are based on future studies by the Borough's engineer and in compliance with current
laws.
(2) Schedule of Equivalent Dwelling Units (EDU).
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Property to be ConnectedEDU Value
Each private dwelling unit or living unit, 1 per unit
including each home, townhouse,
condominium unit or apartment unit
Firehouse or municipal building1 per connection
Church1 per connection
Retail store1 per 3,000 square feet or part
thereof
Enclosed shopping mall, in lieu of separate 1 per 2,000 square feet or part
calculations for each retail store or thereof
restaurant
Office, office building or portion of 1 per 1,000 square feet or part
building used for a business and/or thereof
professional offices
Warehouse, in addition to office space1 per 25,000 square feet
Doctor's office1 per 2 examining rooms
Dentist's office1 per 3 dental chairs
Retail gas station without car washing 2 per service connection
facilities
Retail gas station with car washing 3 per service connection
facilities
Hotel or motel, in addition to restaurant or
bar:
Each living unit without kitchen and/or 1 per 2.5 rooms
laundry facilities in unit
Each living unit with kitchen and/or 1 per room
laundry facilities in unit
Restaurant, bar room or other commercial 1 per 10 seats
establishment (not otherwise classified
herein) which regularly dispenses food
and/or beverages
General hospital1 per 1.5 beds
Rest home or nursing home1 per 2.5 beds
Funeral home1 per 2 viewing rooms
Public/private day school, in accordance 1 per 15 students, teachers and
with rated capacityemployees
Boarding school1 per 3 pupils
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Property to be ConnectedEDU Value
Day-care school, in accordance with rated 1 per 15 students, teachers and
capacityemployees
Self-service laundromat1 per washing machine
Theater1 per 100 seats
Bowling alley1 per 2 lanes
Industrial user1 per documented Chapter 94
Municipal Wasteload
Management Report gallons
per day (average daily flow)
Beauty salon or barbershop1 per 3 chairs
Fraternities/sororities1 per 2 bedrooms
Health and fitness club1 per 3,500 square feet or part
thereof
Any use not classified aboveAs determined by Borough
Council
(3) Connection charges. The cost of each connection, including labor and materials, in
additional to the above schedule, shall be paid by the owner of the property to be served
by the Borough of Shippensburg promptly upon completion of the connection and before
service shall be supplied to the property. The basis for the calculation of the cost shall be
the actual cost to the Borough of Shippensburg for the labor, materials and equipment
included in the installation, plus overhead expenses calculated at 20%.
§ 127-9. Collection line extensions and improvements.
A. The owners of unimproved lands lying within the corporate boundary of the Borough shall be
responsible for the construction of all necessary sewer collection lines and related
improvements and/or facilities reasonably required to serve said lands.
B. Said sewer collection lines and related improvements and/or facilities shall be constructed in
accordance with the plans and specifications provided to the sewer engineer for the Authority
and shall not be earth covered until inspected by the Authority representative or agent and
tested in accordance with a testing schedule provided by the Authority or its representative or
agent.
C. Upon completion, the sewer collection lines and related improvements and/or facilities shall be
deemed dedicated to the Authority without further documents; however, the Authority may
request formal documents providing for the grants of easements and rights-of-way.
D. The developer shall be required to provide security for the cost of said construction and for
the maintenance and operation following completion in accordance with the Municipalities
Planning Code.
Editor's Note: See 53 P.S. § 10101 et seq.
E. The developer shall be required to furnish to the Authority upon completion of the installation
of the improvements two sets of as-built drawings.
Article III. Rates and Surcharge Fees
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§ 127-10. Rates and charges.
Sewer rates and charges are imposed upon and shall be collected from the owner of each improved
property which shall be connected to the sewer system, whether such use or benefit resulting
therefrom or such connection shall be direct or indirect, in accordance with the following:
A. Sewer rental rate categories.
(1) Metered residential establishments and nonresidential establishments. All owners of
residential establishments and nonresidential establishments provided with metered water
service by the Borough shall, subject to the exceptions set forth hereafter, pay sewer rates
and charges based on actual volume of water consumed and computed at the volume rate
as set forth in Subsection B below. For the purpose of determining the actual volume of
water consumed, there shall be included metered water purchased from the Borough and
all water obtained from sources other than the Borough, in each case as determined from
meters installed and maintained by the Borough or from meters installed and maintained
by any such person or from estimates or measurements by the person or from estimates or
measurements by the Borough. For all such customers, the sewer rates and charges shall
be based upon the water consumed, as above determined and subject to Subsection A(2),
during the water service period immediately preceding the service period in which the
sewer billing is rendered.
(2) Nonresidential establishments that exclude wastewaters from sewer system. Exclusion
from the sewer system of noncontaminated wastewaters may be required of a
nonresidential establishment by the Borough, or such exclusion may be optional with the
property owner if not required by the Borough. When such wastewaters are excluded or
when any other portion of the water consumption of a nonresidential establishment does
not reach the sewer system, sewer rates and charges shall be based upon water
consumption, less water excluded, as set forth under Subsection A(1) and, as may be
applicable, as set forth in Subsection A(4). The water so excluded may be determined
from meters installed and maintained by the Borough or by the person owning the
property concerned or from estimates or measurements by the Borough; provided,
however, that any nonresidential establishment may elect to, or, upon order of the
Borough, shall, install, pay for and maintain a meter approved by the Borough for
measuring the volume of wastewater discharged into the sewer system, in which case the
sewer rates and charges shall be based upon the actual volume of wastewaters so
measured and shall be computed at the volume rate set forth under Subsection B below.
(3) Nonmetered residential establishments. All persons owning residential establishments
connected to the sewer system and having an unmetered water source shall pay a flat rate
sewer rental per residential property per year as set forth in Subsection B below, or its
adjusted equivalent for service periods of less than a year.
(4) Nonresidential establishments that discharge excess-strength wastewaters to sewer system.
The owner of a nonresidential establishment discharging wastewaters to the sewer system
having an average five-day biochemical oxygen demand (BOD) greater than 210 parts
5
per million (ppm), a total suspended solids (TSS) content greater than 207 ppm, a total
phosphorous (P) content greater than 7.5 ppm, an ammonia nitrogen (NH-N) content
3
greater than 26 ppm or an oil and grease content greater than 100 ppm shall pay a
strength-of-waste surcharge in addition to applicable volume charges. Said surcharges
shall be determined in accordance with the rates set forth in Subsection C below. The
strength of wastewaters to be used for establishing the amount of surcharges shall be
determined at least once annually either by suitable sampling and analysis of wastewaters
at a frequency determined by the Borough during a period of normal plant operation or
from estimates made by the Borough or from known relationships of products produced to
strengths of wastewaters for those industries where such factors have been established. In
establishing wastewater strengths for surcharge purposes by analysis, analyses shall be
made in accordance with procedures outlined in the latest edition of Standard Methods for
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the Examination of Water and Wastewater, published by the American Public Health
Association, Inc. Owners of nonresidential establishments discharging domestic and/or
nondomestic wastewaters to the sewer system shall furnish the Borough, upon request, all
information deemed essential by the Borough for the determination of applicable sewer
rate surcharges for excess-strength wastewaters. The cost of obtaining such information
shall be borne by the owner of the nonresidential establishment.
B. Sewer rental rates and charges. Rates for collection and treatment of sewage shall not exceed
those schedules which shall be adopted from time to time by resolution of the Council of the
Borough of Shippensburg, provided that rates shall not be changed more than one time in any
calendar year, unless said rates shall be approved by passage of an ordinance fixing the rates.
C. Surcharge values and rates.
(1) Threshold values for surcharges.
Threshold Values*
Parameter(ppm)
Biochemical oxygen demand (BOD)210
Total suspended solids (TSS)207
Total phosphorus (P)7.5
Ammonia nitrogen (NH-N)26
3
Oil and grease (O & G)100
*NOTE: Any daily discharge exceeding the threshold values is subject to
being assessed the following surcharge rates.
(2) Surcharge rates.
Cost
Parameter(dollars per pound per day)
Biochemical oxygen demand (BOD)0.3215
Total suspended solids (TSS)0.2306
Total phosphorus (P)12.6531
Ammonia nitrogen (NH-N)1.7010
3
Oil and grease (O & G)0.3137
(3) Calculations for surcharge cost per month.
BOD=Q(BOD-210 ppm) (8.34) ($0.3215 per pound) (days per
month)
TSS=Q(TSS-207 ppm) (8.34) ($0.2306 per pound) (days per
month)
Total P=Q(P-7.5 ppm) (8.34) ($12.6531) (days per month)
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NH-N=Q(NH-N-26 ppm)(8.34) ($1.7010) (days per month)
33
O&G=Q(O&G-100) (8.34) (0.3137 per pound) (days per
month)
Total =BOD + TSS + Total P + NH-N + O&G
3
surcharge
("Q" is flow in million gallons.)
(4) Seasonal adjustments of the surcharge rates may be permitted by the Borough as provided
by applicable state and federal permit conditions.
D. Users not governed by this article. Wastewater transportation, treatment and disposal services
performed by the Borough and Authority, as applicable, for the Cumberland-Franklin Joint
Municipal Authority, pursuant to certain contracts, shall not be governed by this article.
E. Billing and collection of rates and charges. Billing and collection of sewer rates and charges
shall be governed as follows:
(1) Effective date and service periods.
(a) Effective date. Sewer rental charges set forth herein became effective on January 1,
1979, and thereafter.
(b) Service period and billing of Borough customers. Bills for the payment of rentals for
sewer service and the use of the sewer system pursuant to this article shall be rendered
in accordance with the following schedule:
Months of BillingMonths of Service Covered by Billing
JanuaryOctober, November and December
AprilJanuary, February and March
JulyApril, May and June
OctoberJuly, August and September
(c) Service periods and billing of the Cumberland-Franklin Joint Municipal Authority and
Shippensburg University. Bills for use of the sewer system by the Cumberland-
Franklin Joint Municipal Authority and commonwealth relating to Shippensburg
University shall be rendered quarterly in accordance with the applicable service
agreements.
(d) Billing for surcharge fees may be on a different schedule that the regular billing
periods. It could be monthly or quarterly.
(2) Delinquent rentals; shutting off sewer and water service; liens.
(a) Penalties. If any bill for sewer rentals is not paid within 30 days after the same shall
become due and payable, it shall be delinquent, and a penalty of 10% shall be added,
and such bill, excluding the penalty, shall thereafter bear interest at the rate of 1.5%
per month (18% annually) or portion thereof until paid.
(b) Termination of sewer and water service. Upon the failure of any person to pay in full
any bill for sewer rates and charges within 30 days after the same shall become
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delinquent, the Borough shall have the right to terminate sewer service to the property
of such person or to turn off the water supply to such property for such period or
periods as the Borough may in its discretion determine. After payment of all
delinquent bills against such property, service may be restored upon payment of all
expenses which have been incurred in terminating such service, turning off the water
supply or restoring the same.
(c) Liens. The sewer rates and charges imposed by this article and rules and regulations
promulgated by the Borough shall be a lien on any of the improved properties served
from the date the charge therefor first becomes due and payable. In addition to all
other rights of the Borough herein granted, if such sewer rates and charges are not
paid, the Borough may file such liens and collect the same in the manner provided by
law for the filing and collection of municipal liens and claims or may proceed to
collect such sewer rental by action in assumpsit in the name of the Borough against
the owner of the property charged or the user of the same.
§ 127-11. Responsibility of owners of improved property.
The owner of any improved property connected to the sewer system shall be responsible for all acts of
tenants or other occupants of such improved property insofar as such acts shall be governed by
provisions of this article.
Article IV. Nondomestic Waste and Pretreatment Regulations
§ 127-12. General regulations.
The Borough reserves the right to refuse permission to connect to the sewer system, to compel
discontinuance of use of the sewer system or to compel pretreatment of wastewaters by any
nonresidential establishment (commercial or industrial) in order to prevent discharges deemed harmful
or to have a deleterious effect upon any portion of the sewer system. All nonresidential establishments
shall be governed by the rules and regulations contained in this chapter.
A. All sewage and authorized industrial waste may be discharged to the sewer system except
those which are deemed harmful to the system or are specifically prohibited by this chapter.
B. No user shall discharge or cause to be discharged any stormwater, surface water, groundwater,
roof runoff, subsurface drainage, cooling water, drainage from tile fields or unpolluted process
waters to any sanitary sewer.
C. No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or
wastewater which will interfere with the operation or performance of the sewage treatment
plant or pass through the sewage treatment plant. These general prohibitions apply to all such
users of the sewer system whether or not the user is subject to National Categorical
Pretreatment Standards or any other national, state or local pretreatment standards or
requirements.
D. Except as otherwise provided in this chapter, no user shall discharge or cause to be discharged
to the sewer system any sewage, industrial waste, nondomestic waste or other matter or
substance:
(1) Having a temperature which will inhibit biological activity in the sewage treatment plant
resulting in interference, but in no case wastewater at the introduction into the sewer
system shall cause the temperature of the influent of the treatment plant to exceed 104° F.
(40° C.) or be less than 32° F.
(2) Containing 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
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sewage treatment plant. At no time shall two successive readings on any 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
or having a closed cup flash point of less than 140° F. Prohibited materials include but are
not limited to gasoline, fuel oil, kerosene, naphtha, benzene, toluene, xylene, paint
products, ethers, alcohols, ketones, aldehydes and peroxides; strong acids, bases or
oxidizers; chlorates, perchlorates, bromates, carbides, hydrides and sulfides; and any other
substances which are a fire hazard or a hazard to the sewer system.
(3) Containing unground garbage with particles greater than 1/2 inch in any dimension.
(4) Containing or reacting to form solid or viscous substances or which may cause obstruction
to the flow in a sewer or other interference with the operation of the sewage treatment
plant such as, but not limited to, ashes, cinders, spent lime, stone, dust, sand, mud, straw,
shavings, metals, glass, rags, grass clippings, feathers, tar, plastics, wood, whole blood,
paunch manure, bentonite, lye, building materials, rubber, asphalt residues, hairs, bones,
leather, porcelain, china, ceramic wastes, polishing wastes, hydrolyzed fats, glass grinding
or other solid or viscous substances capable of causing obstruction or other interference
with the operation of the sewer system.
(5) Having a pH, stabilized, lower than 6.5 or greater than 11.00, or having any corrosive or
scale-forming property capable of causing damage or hazard to the structures, equipment,
bacterial action or personnel of the wastewater treatment plant or Sewer Department.
(6) Containing toxic or poisonous pollutants in sufficient quantity, either singly or by
interaction with other pollutants, 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 to exceed the limitation set forth in a categorical
pretreatment standard. A toxic pollutant shall include but not be limited to any pollutant
identified pursuant to Section 307(a) of the Act.
(7) Containing any noxious or malodorous liquids, gases or solids which either singly or by
interaction with other wastes are sufficient to create a public nuisance or hazard to life or
are sufficient to prevent entry into the sewers for maintenance and repair.
(8) Containing dye or other substance from any source that will degrade the sewage treatment
plant effluent from the equivalent of that produced by alum coagulation and chlorination
to remove suspended or colloidal matter and bleach the dissolved dyes or like substances.
(9) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts
that will cause interference or pass-through.
(10) Containing radioactive substances and/or isotopes of such half-life or concentration as
may exceed limits in compliance with applicable state or federal regulations.
(11) Containing discharges that result in toxic gases, fumes or vapors in quantities capable of
causing workers' health or safety problems.
(12) Prohibited by regulation or permit issued by the Commonwealth of Pennsylvania, the
Environmental Protection Agency or any other government agency.
(13) Containing any substance which will cause the sewage treatment plant to violate its
NPDES and/or state permit or the receiving water quality standards.
(14) Containing 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 discharged to the sewer system cause the sewage treatment plant to
be in noncompliance with recognized sludge use or disposal criteria, guidelines or
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Borough of Shippensburg, PAPage 18 of 39
regulations developed under Section 405 of the Act or any criteria, guidelines or
regulations affecting sludge use or disposal developed pursuant to the Solid Waste
Disposal Act,the Clean Air Act,
Editor's Note: See 42 U.S.C. § 6901 et seq. Editor's Note:
the Toxic Substances Control Act
See 42 U.S.C. § 7401 et seq. Editor's Note: See 15 U.S.C.
or state criteria applicable to the sludge management method being used.
§ 2601 et seq.
(15) Containing wastes which are not amenable to biological treatment or reduction in existing
treatment facilities, including but not limited to nonbiodegradable complex carbon
compounds.
(16) Containing any organic compounds of endrin, lindane, methoxychlor, toxaphene,
dichlorophenoxyacetic acid, trichlorophenoxprophonic acid or other herbicides, pesticides
or rodenticides.
(17) Causing a hazard to human life or public nuisance.
(18) Containing 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.
(19) Containing fats, oils and grease at a concentration which will cause interference to the
sewage treatment plant. Concentrations discharged over 100 mg/l shall be surcharged
according to § 127-10.
(20) Containing solids of such character and quantity that special and unusual attention is
required for their handling.
(21) Trucked or hauled pollutants, except at discharge points designated by the Superintendent
in accordance with this chapter.
E. If such amounts of any waters or wastes are discharged or are proposed to be discharged to the
sewer system, which waters contain the substances or possess the characteristics enumerated
in this section or which, in the judgment of the Borough, may have a deleterious effect upon
the sewer system or receiving waters, the Borough may, upon giving official notice to the
discharger:
(1) Reject the waste.
(2) Require pretreatment to reduce characteristics to maximum limits permitted by this
chapter, the local industrial limits or any other applicable rules or law. Where necessary,
in the opinion of the Borough, the Borough may require the user of an industrial
establishment to provide, at the sole expense of the user, facilities for pretreatment of
industrial wastes as may be necessary to reduce objectionable characteristics or
constituents of such industrial waste. Plans, specifications and any other pertinent
information relating to the pretreatment facilities shall be submitted to the Borough, in
writing, prior to construction of such facilities.
(3) Require the user to install and maintain, at their own expense, a suitable storage and flow
control facility to restrict the quantities and rates of discharge.
(4) Require immediate discontinuance of the waste discharge until such time as it meets the
requirements of this section.
(5) Whenever deemed necessary, the Superintendent may require users to restrict their
discharge during peak flow periods, designate that certain wastewater be discharged only
into specific sewers, relocate and/or consolidate points of discharge, separate sewage
wastestreams from industrial wastestreams, and such other conditions as may be necessary
to protect the POTW and determine the user's compliance with the requirements of this
chapter.
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(6) Users with the potential to discharge flammable substances may be required to install and
maintain an approved combustible gas detection meter.
F. Grease, oil and sand interceptors or traps shall be provided in restaurants, food preparation
facilities, commercial kitchens, vehicle and equipment repair shops, machine shops, swimming
pools or water treatment facilities whose discharge would exceed, in the opinion of the
Borough, the limitations established in the local limits. All interceptors or traps shall be of a
type and capacity acceptable to the Borough and shall be located as to be readily and easily
accessible for cleaning and inspection.
G. The use of mechanical garbage grinders producing a finely divided mass, properly divided
mass and properly flushed with an ample amount of water shall be permitted upon the
condition that no such mechanical garbage grinder to serve premises used for commercial
purposes shall be installed until permission for such installation shall have been obtained from
the Borough.
H. Where preliminary treatment or flow-equalizing facilities are provided for any waters or
wastes, they shall be maintained continuously in satisfactory and effective operation by the
owner at his expense and shall be accessible to the Borough for inspection and testing.
§ 127-13. More stringent pretreatment standards to apply.
Upon the promulgation of the National Categorical Pretreatment Standards for a particular industrial
subcategory, the national standard, if more stringent than limitations imposed under this chapter for
sources in that subcategory, shall immediately supersede the limitations imposed under this chapter.
The categorical pretreatment standards found in 40 CFR Chapter I, Subchapter N, Parts 405-471, are
hereby incorporated.
§ 127-14. Modification of pretreatment standards.
Where the sewage treatment plant achieves consistent removal of pollutants limited by national
pretreatment standards, the Borough may apply to the approval authority for modification for specific
limits in the national pretreatment standards. "Consistent removal" shall mean the average of the
lowest 50% of the removal when measured and calculated according to the procedures set forth in
Section 403.7(b) of Title 40 of the Code of Federal Regulations, Part 403, General pretreatment
regulations for existing and new sources of pollution, promulgated pursuant to the Act. The Borough
may then modify pollutant discharge limits in the national pretreatment standards if the requirements
contained in 40 CFR 403.7 are fulfilled and prior approval from the approval authority is obtained.
§ 127-15. More stringent state requirements to apply.
State requirements and limitations on discharges shall apply in any case where they are more stringent
than federal requirements and limitations or those in this chapter.
§ 127-16. Borough may establish more stringent regulations.
The Borough reserves the right to establish, by ordinance or individual wastewater discharge permits,
more stringent standards or requirements on discharges to the sewer system if deemed necessary to
comply with the objectives of this chapter.
§ 127-17. Excessive discharge.
No user shall ever increase the use of process water or other waters or in any way attempt to dilute a
discharge as a partial or complete substitute for adequate treatment to achieve compliance with a
discharge limit unless expressly authorized by an applicable pretreatment standard or requirement, or
any other pollutant-specific limitations developed by the Borough or state [40 CFR 403.6(d)]. The
Superintendent may impose mass limitations on users who are using dilution to meet applicable
pretreatment standards or requirements, or in other cases when the imposition of mass limitations is
appropriate.
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§ 127-18. Accidental discharges.
A. Spill prevention. Each user shall provide protection from accidental discharge of prohibited
materials or other substances regulated by this Borough. Facilities to prevent accidental
discharge of prohibited materials shall be provided and maintained at the user's own cost and
expense. Detailed plans showing facilities and operating procedures to provide this protection
shall be submitted to the Borough for review and comment before construction of the facility.
All existing users shall complete such a plan within six months of the effective date of this
chapter. No user who commences contribution to the sewer system after the effective date of
this chapter shall be permitted to introduce pollutants into the system until accidental
discharge procedures have been approved by the Borough. Review and approval of such plans
and operating procedures shall not relieve the industrial user from the responsibility to modify
the user's facility as necessary to meet the requirements of this chapter in the case of an
accidental or slug discharge. It is the responsibility of the user to immediately notify the
Borough, by telephone, of the incident; notification shall occur not more than 24 hours from
the time of the incident. The notification shall include the location of the discharge, the type
of waste discharged, the concentration and volume of the waste and any corrective measures
taken by the user. The user shall also provide written notification to the Borough within five
days of such accidental discharge of prohibited materials or other substances regulated by this
Borough. Written notification shall contain the same information as required for the verbal
notification. The Superintendent shall evaluate whether each SIU needs an accidental
discharge/slug discharge control plan or other action to control slug discharges. The
Superintendent may require any user to develop, submit for approval and implement such a
plan or take such other action that may be necessary to control slug discharges. Alternatively,
the Superintendent may develop such a plan for any user.
B. Slug control and other discharges. Each significant industrial user shall submit a plan to the
Borough to control slug discharges and/or any other discharges that could cause interference,
operating upsets, hazards to workers or any other operating or treatment problems.
(1) At a minimum, the accidental discharge/slug discharge control plan shall include the
following elements:
(a) A description of the discharge practices, including nonroutine batch discharges.
(b) A description of chemicals stored on the premises.
(c) Procedures for immediately notifying the Borough POTW of slug discharges, including
any discharge which would be in violation of the prohibitions contained in § 127-12
of this chapter, with procedures for follow-up notification of the Borough, in writing,
to the POTW.
(d) If required, procedures to prevent adverse impact from accidental spill or slug
discharge, including inspection and maintenance of storage areas for chemicals,
handling and transfer of materials, loading and unloading operations, control of plant
site runoff, employee training, construction of containment structures for equipment,
measures for containing toxic organic pollutants, including solvents, and measures and
equipment for emergency response.
(2) The significant industrial users are required to notify the Borough immediately of any
changes at its facility affecting potential for a slug discharge.
§ 127-19. Written notification of accidental discharge.
A. In the case of any discharge, including but not limited to accidental discharges, discharges of a
nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load,
that might cause potential problems for the POTW, the user shall immediately telephone and
notify the Superintendent of the incident. This notification shall include the location of the
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discharge, type of waste, concentration and volume, if known, and corrective actions taken by
the user.
B. Within five days following an accidental discharge, the user shall submit to the Borough a
detailed written report describing the cause of the discharge and the measures to be taken by
the user to prevent similar future occurrences. Such notification shall not relieve the 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 user of any fines, civil penalties or other liability which may be
imposed by this article or other applicable law.
§ 127-20. Notice to employees of dangerous discharge.
A notice shall be permanently posted on the user's bulletin board or other prominent place advising
employees who to call in the event of a dangerous discharge. Employers shall ensure that all
employees who may cause or suffer from such a dangerous discharge are advised of the emergency
notification procedure.
§ 127-21. Notification requirement.
All nondomestic users shall notify the Borough of discharge of listed or characteristic hazardous
wastes.
§ 127-22. Drainage of water filtration systems.
Filter backwash lines shall be discharged to the sewer system as follows:
A. Sand filter backwash shall be discharged to the sewer system.
B. Diatomaceous earth filter backwash shall be connected to the sewer system through settling
tanks with three months' storage capacity of spent diatomaceous earth, which tanks shall be
readily accessible for removing solid waste for disposal.
§ 127-23. Removal, transportation and disposal of sewage and industrial wastes.
A. Any waste to be discharged from tank trucks or rail cars shall be disposed at the location
designated at the sewage treatment plant at the time or times and at a rate or rates of
discharge fixed by the Borough.
B. The wastes discharged by the tank trucks or rail cars into the sewer system shall not contain
industrial waste, chemicals or other matter, with or without pretreatment, that does not
conform to the requirements of Article IV of this chapter. Conformity with Article IV of this
chapter is to be determined by the Borough.
§ 127-24. Waste haulers.
A. Disposal of waste.
(1) The POTW may accept wastes transported to the facility, subject to the POTW inspecting
and agreeing to accept said waste.
(2) Waste may be discharged only at Manhole No. 268, located at the headworks of the
WWTP.
(3) Discharge shall take place only during the normal hours of operation of the WWTP, unless
prior written permission shall have been granted by the superintendent at the WWTP.
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B. Hazardous waste. No waste classified as hazardous under Section 1004 of the Resource
Conservation and Recovery Actshall be accepted
Editor's Note: See 42 U.S.C. § 6901 et seq.
into the collection system or the WWTP.
C. Permits.
(1) Each waste hauler shall have a permit issued by the Shippensburg Borough Authority or
its agent or designees.
(2) Each waste hauler shall pay a fee according to the current fee policy adopted from time to
time by resolution of the Borough Council of the Borough of Shippensburg.
D. Inspection.
(1) Prior to the discharge of waste into the collection system of the WWTP, the personnel of
the Borough of Shippensburg shall be provided with a copy of the waste manifest,
identifying the source of the waste.
(2) Prior to the discharge of waste into the collection system or the WWTP, the personnel of
the WWTP shall have the right to inspect each load for an analysis of pH, BOD, oil,
5
grease and such other pollutants as it shall deem necessary.
(3) No waste hauler shall discharge any waste having characteristics as indicated by 40 CFR
403.5(b) and § 127-12 or explosive or corrosive properties.
(4) The cost of all tests and analysis required by the Borough and other related costs and
expenses of the Borough shall be borne by the waste hauler.
§ 127-25. Pretreatment.
A. Industrial pretreatment program implementation. Users located within and outside of the
Borough of Shippensburg using the Borough's treatment system shall abide by the rules,
regulations and policies governed by the industrial pretreatment program. The IPP shows the
procedures that will be used by the Borough to control nondomestic wastewater discharge.
Upon approval by the EPA, this program will be implemented to control users by issuing
sewer use permits, monitoring of the wastewater discharge from the industries by sampling
and analysis, requiring users to submit self-monitoring and other required reports and by
enforcing all local, state and federal laws.
B. General. Users shall design, construct, operate and maintain at their own expense wastewater
pretreatment facilities whenever necessary to reduce or modify the user's wastewater to
achieve compliance with this chapter, national pretreatment standards, any condition or
limitation contained in the user's sewer use permit or any sludge limitation imposed by
federal, state or local authorities. The review or approval of pretreatment facility plans,
specifications and operating procedures by the Borough or its consulting engineer shall not
excuse or mitigate any violations by the user of this chapter or any federal, state or local
requirements.
C. Maintenance. When pretreatment facilities are provided, they shall be maintained continuously
in satisfactory and effective operation by the user at his own expense and shall be subject to
periodic inspection by the Borough.
D. Damage liability. The person producing and/or introducing the waste shall be liable for all
damages, increased costs of treatment or maintenance directly attributable to such waste.
E. Disposal of sludges. Sludges, floats, oils, etc., generated by nondomestic users must be
contained and transported in a safe manner as prescribed by the rules of regulatory agencies,
including but not limited to the United States Department of Transportation, and handled by
reputable persons who shall dispose of all such wastes in accordance with all federal, state
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and local regulations. The owner of such sludges, floats, oils, etc., shall keep records and
receipts needed to demonstrate proper disposal for review by the Borough upon request.
§ 127-26. Local discharge limits.
The Borough shall establish local limits which will limit the amount of pollutants that any given user
may discharge to the wastewater treatment system. These limits will be assigned to nondomestic users
through a sewer use permit. The local limits shall be revised on a periodic basis to reflect changes in
operating and environmental conditions. The Borough shall adopt the local limits and their revisions
by resolution.
§ 127-27. Administration; permit required.
A. Wastewater discharges. It shall be unlawful for the owner of an improved property or any
other user to discharge to the sewer system any nondomestic wastewater without first
obtaining a sewer use permit, except as authorized by the Borough in accordance with the
provisions of this chapter. All users discharging to the sewer system must also submit all
required reports (e.g., baseline, ninety-day compliance, self monitoring) to the Borough as
required by local, state and federal laws.
(1) Signatory requirements and certification. All applications, permits, reports, etc., shall
contain a statement that certifies that the information contained is true, accurate and
complete, to be signed by the authorized representative of the user.
(a) The following certification statement shall be used:
"I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who
manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of knowledge and
belief, true, accurate and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine
and imprisonment for knowing violations."
(b) If the designation of an authorized representative is no longer accurate because a
different individual or position has responsibility for the overall operation of the
facility or overall responsibility for environmental matters for the company, a new
written authorization satisfying the requirements of this section must be submitted to
the Superintendent prior to or together with any reports to be signed by an authorized
representative.
(2) Sewer use permits. All nondomestic users proposing to connect to or to contribute to the
sewer system shall obtain sewer use permits before connecting to or contributing to the
sewer system. All existing significant users that do not already have a permit are required
to obtain a sewer use permit within 90 days of the effective date of the chapter.
(3) Permit application. Users required to obtain a sewer use permit shall complete and file
with the Borough an application in the form prescribed by the Borough and accompanied
by a fee in the amount specified by the current fee schedule. New users shall apply at
least 90 days prior to connecting to or contributing to the sewer system. In support of the
application, the user shall submit, in units and terms appropriate for evaluation, the
following information:
(a) The name, address and location of the facility, if different from the mailing address,
with the name and mailing address of operator(s) and/or owner(s), contact information,
description of activities, facilities and plant production process.
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(b) The SIC number according to the Standard Industrial Classification Manual, Bureau of
Budget, 1972, as amended.
(c) Wastewater constituents and characteristics, including but not limited to those
mentioned in § 127-12 of this chapter, as determined by a reliable analytical
laboratory; sampling and analysis 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.
(d) The time and duration of contribution.
(e) Average daily and maximum daily flows, thirty-minute peak wastewater flow rates,
including daily, monthly and seasonal variations, if any.
(f) The location for monitoring all wastes covered by the permit.
(g) Site plans, floor plans, mechanical and plumbing plans, spill prevention and
containment and details to show all sewers, sewer connections and appurtenances by
the size, location and elevation.
(h) Types of wastes generated, and a list of all raw materials and chemicals used or stored
at the facility which are, or could accidentally or intentionally be, discharged to the
sewer system.
(i) A description of activities, facilities and plant processes on the premises, including all
material which is or could be discharged.
(j) The nature and concentration of any pollutants in the discharge which are limited by
any Borough, state or national pretreatment standards and a statement regarding
whether or not the pretreatment standards are being met on a consistent basis and, if
not, whether additional operation and maintenance (O&M) and/or additional
pretreatment is required for the user to meet applicable pretreatment standards. Any
O&M statement submitted to meet applicable pretreatment standards must be certified
by a certified engineer.
(k) Incomplete or inaccurate applications will not be processed and will be returned to the
user for revision.
(l) Any other information as may be deemed necessary by the Superintendent to evaluate
the permit application.
(m) If additional pretreatment and/or operation and maintenance will be required to meet
the pretreatment standards, the shortest schedule by which the user will provide such
additional pretreatment. The completion date in this schedule shall not be later than
the compliance date established for the applicable pretreatment standard. The
following conditions shall apply to this schedule:
[1] The schedule shall contain increments of progress in the form of dates for the
commencement and completion of major events leading to the construction and
operation of additional pretreatment required for the user to meet the applicable
pretreatment standards (e.g., hiring an engineer, completing preliminary plans,
completing final plans, executing contract for major components, commencing
construction, completing construction, etc.).
[2] No increments referred to in Subsection A(3)(m)(1) shall exceed nine months.
[3] Not later than 14 days following each date in the schedule and the final date for
compliance, the user shall submit a progress report to the Borough, including, as a
minimum, whether or not it complied with the increment of progress to be met on
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such date and, if not, the date on which it expects to comply with this increment
of progress, the reason for delay and the steps being taken by the user to return
the construction to the schedule established. In no event shall more than nine
months elapse between such progress reports to the Borough.
(n) Each product produced by type, amount, process or processes and rate of production.
(o) The type and amount of raw materials processed (average and maximum per day).
(p) The number and type of employees and hours of operation of the plant and proposed
or actual hours of operation of the pretreatment system.
(q) Any other information that may be deemed by the Borough to be necessary to evaluate
the permit application.
(r) A list of all environmental control permits held by or for the facility (e.g., air quality,
solid waste, etc.).
B. The Borough will evaluate the date furnished by the user and may require additional
information. After evaluation and acceptance of the data furnished, the Borough may issue a
sewer use permit subject to terms and conditions provided herein.
§ 127-28. Permit modifications.
A. Upon promulgation of a National Categorical Pretreatment Standard, the sewer use permit of
users subject to such standards shall be revised to require compliance with such standard
within the time frame prescribed by such standard. Where a user, subject to a National
Categorical Pretreatment Standard, has not previously submitted an application for a sewer use
permit as required by § 127-27A(3), the user shall apply for a sewer use permit within 180
days after the promulgation of the applicable National Categorical Pretreatment Standard. In
addition, the user with an existing sewer use permit shall submit to the Borough within 90
days after the promulgation of an applicable National Categorical Pretreatment Standard the
information required by Subsection A(3) of § 127-27. Permit modification applications shall
be subject to a fee as established by separate resolution.
B. The Superintendent may modify an individual wastewater discharge permit for good cause,
including but not limited to the following reasons:
(1) To incorporate any new or revised federal, state or local pretreatment standards or
requirements;
(2) To address significant alterations or additions to the user's operation, processes or
wastewater volume or character since the time of the individual wastewater discharge
permit issuance;
(3) A change in the sewer system that requires either a temporary or permanent reduction or
elimination of the authorized discharge;
(4) Information indicating that the permitted discharge poses a threat to the Borough's POTW,
Borough personnel, treatment plant sludge disposal or the receiving waters;
(5) Violation of any terms or conditions of the individual wastewater discharge permit;
(6) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge
permit application or in any required reporting;
(7) Revision of or a grant of variance from categorical pretreatment standards pursuant to 40
CFR 403.13;
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(8) To correct typographical or other errors in the individual wastewater discharge permit; or
(9) To reflect a transfer of the facility ownership or operation to a new owner or operator
where requested in accordance with § 127-31.
§ 127-29. Permit conditions.
A. Sewer use permits shall be expressly subject to all provisions of this chapter and all other
applicable regulations, user charges and fees established by the Borough. Permits must contain
the following:
(1) The unit charge or schedule of user charges and fees for the wastewater to be discharged
to the sewer system.
(2) Discharge limits based on applicable general pretreatment standards listed in 40 CFR Part
403, categorical pretreatment standards, local discharge limits and state and local law.
(3) Effluent limits, including BMPs, based on applicable pretreatment standards.
(4) Limits on average and maximum rate and time of discharge or requirements for flow
regulations and equalization.
(5) Requirements to control slug discharge, if determined by the Borough to be necessary.
(6) Requirements for installation and maintenance of inspection and sampling facilities,
including flow measurement devices.
(7) Self-monitoring, sampling, reporting, notification and record-keeping requirements with
specifications for monitoring programs which may include sampling locations, frequency
of sampling, number, types and standards for tests and reporting schedule.
(8) Compliance schedules.
(9) Requirements for submission of technical reports, discharge reports or baseline monitoring
reports.
(10) Requirements for maintaining and retaining plant records relating to wastewater discharge
as specified by the Borough and affording Borough access to review and copy thereof.
Records shall be maintained by the permittee for a period of not less than three years. The
three-year period shall be extended upon request or during litigation.
(11) Requirements for notification of the Borough for any new introduction of wastewater
constituents or any substantial change in the volume or character of the wastewater
constituents being introduced into the sewer system.
(12) Requirements for notification of slug discharges and any discharges at the facility that
affect the potential for slug discharge.
(13) Other conditions as deemed appropriate by the Borough to ensure compliance with this
chapter.
(14) A statement that indicates the wastewater discharge permit is nontransferable without
prior notification to the Borough, and provisions for furnishing the new owner or operator
with a copy of the existing wastewater discharge permit.
(15) A statement of applicable civil and criminal penalties for violation of pretreatment
standards and requirements, and any applicable compliance schedule. Such schedule may
not extend the time for compliance beyond that required by applicable federal, state or
local law.
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B. Failure to comply with any pretreatment standards and requirements, compliance schedules or
any other terms or conditions of the sewer use permit shall be subject to enforcement actions
as described in § 127-40, Enforcement actions, of this chapter.
C. Permits shall contain a statement of duration as described in § 127-30 and a statement of
nontransferability as described in § 127-31.
D. The permittee may be subject to applicable civil and criminal penalties as described in § 127-
41F and G.
§ 127-30. Permit duration.
Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued
for a period of less than one year or may be stated to expire on a specific date. The user shall apply
for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The
terms and conditions of the permit may be subject to modification by the Borough during the term of
the permit as limitations or requirements as identified in § 127-27A(3) are modified or other just cause
exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the
effective date of change. Any changes or new conditions in the permit shall include a reasonable time
schedule for compliance.
§ 127-31. Permit transfer.
A. Sewer use permits are issued to a specific user for a specific operation. A sewer use permit
shall not be reassigned or transferred or sold to a new owner, new user, different premises or
a new or changed operation without prior written notice to the Borough and the approval of
the Borough. Any succeeding owner or user shall also comply with the terms and conditions
of the existing permit. The notice to the Borough must include a written certification by the
new owner or operator which:
(1) States that the new owner and/or operator has no immediate intent to change the facility's
operations and processes;
(2) Identifies the specific date on which the transfer is to occur; and
(3) Acknowledges full responsibility for complying with the existing individual wastewater
discharge permit.
B. Failure to provide advance notice of a transfer renders the individual wastewater discharge
permit void as of the date of facility transfer.
§ 127-32. Waste characteristic change.
Any owner of an improved property who is discharging nondomestic waste into the sewer system and
who contemplates a change in the method of operation or in the pretreatment facilities which will alter
the type of nondomestic waste then being discharged into the sewer system shall apply for a new
sewer use permit at least 30 days prior to such change. The revised sewer use permit will be subject to
a fee. Approval or disapproval of a modified permit shall be regulated by the procedures established
hereunder to the issuance of an original permit.
§ 127-33. Files to be maintained.
The Borough and all users shall maintain a permanent file in which copies of all sewer use permits,
revisions thereto and supporting data will be filed for reference.
§ 127-34. Reporting requirements.
A. Baseline monitoring reports. Within either 180 days after the effective date of a categorical
pretreatment standard, or the final administrative decision on a category determination under
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40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently
discharging to or scheduled to discharge to the POTW shall submit to the Superintendent a
report which contains the information listed in § 127-27A, above, and information on
compliance with any applicable BMPs. At least 90 days prior to commencement of their
discharge, new sources, and sources that become categorical industrial users subsequent to the
promulgation of an applicable categorical standard, shall submit to the Superintendent a report
which contains the information listed in § 127-27A, above. A new source shall report the
method of pretreatment it intends to use to meet applicable categorical standards. A new
source also shall give estimates of its anticipated flow and quantity of pollutants to be
discharged.
B. Compliance date report. Users shall provide necessary wastewater treatment as required to
comply with this chapter and shall achieve compliance with all National Categorical
Pretreatment Standards within the time limitations as specified by the national pretreatment
regulations. Any facilities required to pretreat wastewater to a level acceptable to the Borough
shall be provided, operated and maintained at the user's expense. Detailed plans showing the
pretreatment facilities and operating procedures shall be submitted to the Borough for review
before construction of the facility. The review of such plans and operating procedures will in
no way relieve the user from the responsibility of modifying the facility as necessary to
produce an effluent acceptable to the Borough under the provisions of this chapter.
C. Within 90 days following the date for final compliance with applicable pretreatment standards
or, in the case of a new source, following commencement of the introduction of wastewater
into the sewer system, any user subject to pretreatment standards and requirements shall
submit to the Borough a report indicating the nature and concentration of all pollutants in the
discharge from the regulated process which are limited by pretreatment standards and
requirements and the average and maximum daily flow for these process units in the user
facility which are limited by such pretreatment standards or requirements and information on
compliance with any applicable BMPs. The report shall state whether the applicable
pretreatment standards or requirements are being met on a consistent basis and, if not, what
additional operation and maintenance and/or pretreatment is necessary to bring the user into
compliance with the applicable pretreatment standards or requirements. This statement shall be
signed by an authorized representative of the user and certified to by a qualified professional.
§ 127-35. Industrial waste contribution report.
A. Each significant industrial user and any user subject to a national pretreatment standard, after
the compliance date of such national pretreatment standard, or, in the case of a new source,
after commencement of the discharge into the sewer system, shall submit to the Borough, 10
days prior to the first day of June and December, unless required more frequently in the
national pretreatment standards, a report indicating the nature and concentration of pollutants
in the effluent and maximum daily flows for the reporting period. In cases where the
pretreatment standard requires compliance with a BMP or pollution prevention alternative, the
user must submit documentation required by the Borough or the pretreatment standard
necessary to determine the compliance status of the user. This report shall specifically contain,
but not necessarily be limited to, concentration levels of those pollutants which are limited by
the user's pretreatment standards. If requested by the user, the Borough may perform the
required analyses and will bill the user accordingly. In addition, this report shall include a
record of all daily flows which, during the reporting period, exceeded the average daily flow
reported according to § 127-27A(3) of this chapter. At the discretion of the Borough and in
consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the
Borough may agree to alter the months during which the above reports are to be submitted.
B. The Borough may impose mass limitations on users regulated by concentration based on
national pretreatment standards, local industrial pretreatment limits or in other cases where the
imposition of mass limitations are appropriate. In such cases, the report required by
Subsection A of this section shall indicate the mass of pollutants regulated by national
pretreatment standards or the local industrial pretreatment limits in the effluent of the user.
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These reports shall contain the results of sampling and analysis of the discharge, including the
flow and the nature and concentration, or production and mass where requested by the
Borough, of pollutants contained therein which are limited by the applicable national
pretreatment standard or local industrial pretreatment limits. All sampling and analysis shall
be performed in accordance with procedures established by the Environmental Protection
Agency pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136, and
amendments thereto. Where 40 CFR Part 136 does not include a sampling or analytical
technique for the pollutant in question, sampling and analysis shall be performed in
accordance with the procedures set forth in the EPA publication, Sampling and Analysis
Procedures for Screening of Industrial Effluents for Priority Pollutants, April 1977, and
amendments thereto. All samples collected shall be representative of the conditions occurring
during the reporting period. In the case of any discharge that might cause potential problems
for the POTW, the user shall immediately notify the Borough of the incident. This notification
shall include the location of the discharge, type of waste, concentration and volume, and
corrective actions taken by the user. SIUs are required to notify the Borough immediately of
any discharges at its facility affecting the potential for a slug discharge.
C. One-time notification; exemption.
(1) As required by 40 CFR 403.12(p), all industrial users shall submit to the Director,
Regional Waste Management Division, Environmental Protection Agency, the
Commonwealth of Pennsylvania, hazardous waste authorities, and the Borough of
Shippensburg Pretreatment Coordinator, a one-time notification, in writing, of any
discharge to the sewer system of a substance which, if otherwise disposed of, would be a
hazardous waste as defined in 40 CFR Part 261.
(2) Any user exempt from the hazardous waste reporting requirements shall notify the
Pretreatment Coordinator of the Borough of Shippensburg, in writing, that the discharge
from their facility to the sewer system does not meet the criteria of hazardous waste as
defined in 40 CFR Part 261.
(3) The user shall notify the Borough if any changes are made, after the submission of the one
-time notification, to the user's discharge relating to the discharge of hazardous waste.
Such notification shall include all information required in 40 CFR 403.12(p).
(4) Any user required to submit a hazardous waste notification shall also be required to
provide a written certification that it has a plan in effect to reduce the volume and toxicity
of wastes generated at the facility. Such plan shall be submitted to the Borough to be part
of the user's industrial pretreatment files.
§ 127-36. Sampling, flow measurement, testing and inspection.
A. All wastewater samples must be representative of the user's discharge. Wastewater monitoring
and flow measurement facilities shall be properly operated, kept clean and maintained in good
working order at all times. The failure of a user to keep its monitoring facility in good
working order shall not be grounds for the user to claim that sample results are
unrepresentative of its discharge.
B. Any user whose property is serviced by a lateral carrying nondomestic waste shall install at
his expense a suitable control manhole together with such necessary meters and other
appurtenances in the building or lateral sewer to facilitate observation sampling and
measurement of the waste. The monitoring facility should normally be situated on the user's
premises, but the Borough may, when such a location would be impractical or cause undue
hardship on the 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. There shall be
ample room in or near such sampling manhole or facility to allow accurate sampling and
preparation of samples for analysis. The facility, sampling and measuring equipment shall be
maintained at all times in a safe and proper operating condition at the expense of the user.
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The failure of a user to keep its monitoring facility in good working order shall not be
grounds for the user to claim that sample results are unrepresentative of its discharge. 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.
C. Persons or occupants of premises connected to the sewer system shall provide the Borough
and its representatives and agents bearing proper credentials and I.D. the opportunity of access
at any time to any part of any improved property served by the sewer system as shall be
required for purposes of inspection, measurement, sampling, testing and examination and/or
copying of records, for ascertainment of whether the purpose of this chapter is being met and
all requirements are being complied with, and for performance of other functions relating to
service rendered by the Borough. The Borough, the Pennsylvania Department of
Environmental Protection and the United States EPA shall have the right to set up on the
user's property such devices as are necessary to conduct sampling, inspection, compliance
monitoring and/or metering operations. Where a user has security measures in force which
would require proper identification and clearance before entry into their premises, the user
shall make necessary arrangements with their security guards so that, upon presentation of
suitable identification, personnel from the Borough, the Department of Environmental
Protection and the United States EPA will be permitted to enter, without delay, for the
purposes of performing their specific responsibilities.
D. All measurements, tests and analysis of the characteristics of waters and wastes to which
reference is made in this chapter shall be determined using methodologies prescribed in 40
CFR Part 136 or approved by the PADEP and United States EPA for the analysis of water
and waste and shall be determined by or under the direct supervision of a qualified analyst at
the control manhole provided or upon suitable samples taken at such control manhole. In the
event that no special manhole has been required, the control manhole shall be considered to
be that downstream manhole in the public sewer that is nearest to the point at which the
lateral is connected. The control manhole shall contain only the wastewater of the industry
being monitored and no flows from other sources. Sampling shall be carried out by
customarily accepted methods to reflect the effect of constituents upon the sewage works and
to determine the existence of hazards to life, limb and property. The particular analyses
involved will determine whether a time composite, flow composite or grab of all outfalls of a
premises is appropriate.
E. Samples collected to satisfy reporting requirements must be based on data obtained through
sampling and analysis performed during the period covered by the report, based on data that is
representative of conditions occurring during the reporting period.
(1) Except as indicated in Subsections E(2) and (3) below, the user must collect wastewater
samples using twenty-four-hour flow-proportional composite sampling techniques, unless
time-proportional composite sampling or grab sampling is authorized by the
Superintendent. Where time-proportional composite sampling or grab sampling is
authorized by the Borough, the samples must be representative of the discharge. Using
protocols (including appropriate preservation) specified in 40 CFR Part 136 and
appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour
period may be composited prior to the analysis as follows: for cyanide, total phenols and
sulfides, the samples may be composited in the laboratory or in the field; for volatile
organics and oil and grease, the samples may be composited in the laboratory. Composite
samples for other parameters unaffected by the compositing procedures as documented in
approved EPA methodologies may be authorized by the Borough, as appropriate. In
addition, grab samples may be required to show compliance with instantaneous limits.
(2) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides and volatile
organic compounds must be obtained using grab collection techniques.
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(3) For sampling required in support of baseline monitoring and ninety-day compliance
reports required in § 127-34A and C [40 CFR 403.12(b) and (d)], a minimum of four grab
samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile
organic compounds for facilities for which historical sampling data do not exist; for
facilities for which historical sampling data are available, the Superintendent may
authorize a lower minimum. For the reports required by § 127-35A [40 CFR 403.12(e)],
the industrial user is required to collect the number of grab samples necessary to assess
and assure compliance with applicable pretreatment standards and requirements.
F. Any sample which exceeds the discharge limits set forth in the sewer use permit shall
constitute a violation of that permit. The permittee shall be responsible for collection and
retesting of a second sample, within 30 days of the date the initial sample was taken. A
violation of the sewer use permit shall continue from the date of the initial sample showing
the violation until the permittee demonstrates compliance with the sewer use permit. Any
additional monitoring performed by the permittee, or the Borough, in addition to the required
monitoring, must be reported as part of the discharge monitoring reports submitted to the
Borough.
G. The costs of all sampling, testing, inspection and other monitoring activities shall be borne by
the respective user. The Borough will sample and analyze the discharge of each user holding a
sewer use permit a minimum of once per year. The fees for such sampling and analysis will
be billed to and shall be paid by the user.
H. The Borough shall annually prepare and publish, not less than one time annually, in a
newspaper of general circulation, a report listing those users which were in significant
noncompliance with any pretreatment requirements or standards or any provision of this
chapter at least one time during the previous twelve-month period. The report shall also
summarize any enforcement action(s) taken against the user(s) during the twelve-month
period.
I. Both the users and the Borough shall maintain records of all information resulting from any
monitoring activities relating to compliance with this chapter and documentation associated
with best management practices for a period of three years.
(1) Such records shall include for all samples:
(a) The date, exact place, method and time of sampling and the names of the person or
persons taking the samples;
(b) The dates analyses were performed;
(c) Who performed the analyses;
(d) The analytical techniques/methods used; and
(e) The results of such analyses.
(2) All such records shall be made available to officials of the Borough, PADEP or EPA. This
period shall be extended by the request of any party. In the event of litigation
implemented by any party, the three-year period shall be extended. All records shall be
maintained until the litigation process has been completed.
J. Information and data on a user obtained from reports, questionnaires, permit applications,
permits and monitoring programs and from inspections shall be available to the public without
restriction unless the user specifically requests and is able to demonstrate to the satisfaction of
the Borough that the release of such information would divulge information, processes or
methods of production entitled to protection as trade secrets of the user. The Borough will
maintain a list of all persons, groups or governmental agencies requesting information, the
information supplied and the date supplied. When requested, the portions of a report which
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might disclose trade secrets or secret processes shall not be made available for inspection by
the public, but shall be made available upon written request to governmental agencies for uses
related to this chapter, the National Pollutant Discharge Elimination System (NPDES) permit,
State Disposal System permit and/or the pretreatment programs; provided, however, that such
portions of a report shall be available for use by the state or any state agency in judicial
review or enforcement proceedings involving the person furnishing the report. Wastewater
constituents and characteristics will not be recognized as confidential information.
K. Information accepted by the Borough as confidential, as described in Subsection J, above,
shall not be transmitted to the public by the Borough until a written ten-day notification is
given to the user, and the user grants the Borough written permission to do so.
§ 127-37. Pretreatment fees.
A. Purpose. It is the purpose of this section to provide for the recovery of costs from users of the
Borough's sewer system for the implementation of the program established herein. The
applicable charges or fees shall be set forth in the Borough's pretreatment fee policy.
B. Charges and fees. The Borough may, from time to time, collect charges and fees, to include:
(1) Fees for reimbursement of costs of setting up and operating the Borough's pretreatment
program.
(2) Fees for monitoring, inspections and surveillance procedures.
(3) Fees for yearly sampling and analyses of user's discharge.
(4) Fees for reviewing accidental discharge procedures and construction.
(5) Fees for permit and modified permit application.
(6) Fees for filing appeals.
(7) Other fees as the Borough may deem necessary to carry out the requirements contained
herein.
C. These fees relate solely to the matters covered by this chapter and are separate from all other
fees chargeable by the Borough.
§ 127-38. Noncompliance.
A. Instances of noncompliance. Violation of any industrial pretreatment regulation, including but
not limited to local limits, compliance sampling and reporting requirements, meeting
compliance schedules and/or regulatory deadlines, shall be instances of noncompliance. Any
user which shall be in noncompliance shall be subject to enforcement action by the Borough,
as hereafter provided.
B. Instances of significant noncompliance (SNC). Any user shall be in significant noncompliance
upon meeting one or more of the following criteria:
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or
more of all the measurements taken for the same pollutant parameter taken during a six-
month period exceed (by any magnitude) a numeric pretreatment standard or requirement,
including instantaneous limits as defined in § 127-1.
(2) Technical review criteria (TRC) violations, defined here as those in which 33% or more of
all the measurements taken for each pollutant parameter taken during a six-month period
equals or exceeds the product of the numeric pretreatment standard or requirement,
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including instantaneous limits, as defined by § 127-1 multiplied by the applicable criteria
(1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH).
(3) Any other violation of a pretreatment standard or requirement as defined by § 127-1 (daily
maximum, long-term average, instantaneous limit, or narrative standard) that the
Superintendent determines has caused, alone or in combination with other discharges,
interference or pass-through, including endangering the health of POTW personnel or the
general public.
(4) Endangers human health or the environment or results in the POTW's exercise of its
emergency powers.
(5) A delay in meeting a compliance schedule milestone (failure to begin or complete
construction or attain final compliance) by 90 days or more.
(6) Failure to submit any of the required reports within 30 days of the due date.
(7) Failure to report noncompliance.
(8) Any other violation(s), including violations of BMPs, which the POTW considers
significant.
C. The Borough Council shall adopt an enforcement response policy (ERP) which meets the
requirements of the Code of Federal Regulations, Part 403, and required by the Pennsylvania
Publicly Owned Treatment Works Penalty Law, Act No. 9 of 1992 (35 P.S. § 752.1 et seq.).
The enforcement response policy shall be the basis for enforcement actions taken and
penalties assessed by the Borough for violations of federal, state and local treatment rules and
regulations. The enforcement response policy may be adopted by resolution of the Council of
the Borough of Shippensburg.
§ 127-39. Enforcement.
A. When making determinations as to the level of enforcement action to be invoked by the
Borough for violations of pretreatment regulations, the Borough shall consider the severity of
the violation(s), degree of variance from the pretreatment standards, the duration of the
violation(s) and impact on the publicly owned treatment works (POTW).
B. Enforcement actions may include but are not limited to notice of violation (NOV),
administrative orders (AO), compliance schedules, show-cause hearing, civil suit, criminal
prosecution and termination of service.
C. The Borough Council shall adopt an emergency response policy (ERP) which meets the
requirements of the Code of Federal Regulations, Part 403. The emergency response policy
shall be the basis for all enforcement actions taken by the Borough for violations of local
ordinance, Pennsylvania or United States pretreatment statutes. The emergency response
policy may be adopted by resolution of the Council of the Borough of Shippensburg.
§ 127-40. Enforcement actions.
A. Notice of violation. Any industrial user who violates or continues to violate this chapter or any
sewer use permit or order issued hereunder may be issued, by the Borough, a notice of
violation. The industrial user shall respond to the Borough within 10 days of the receipt of the
notice, with an explanation of the violation, a plan to correct the violation or a statement
informing the Borough that the violation has been corrected, including the means by which
compliance was achieved and methods by which the industrial user will prevent the violation
from reoccurring. Submission of this plan in no way relieves the industrial user of any
liability for violations occurring before or after the receipt of the notice of violation.
Additional enforcement actions may be served at the same time as the notice of violation or
following the service of the notice of violation.
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B. Administrative orders. Any industrial user who violates or continues to violate this chapter or
any sewer use permit or order issued hereunder may be issued, by the Borough, an
administrative order. Such order shall set forth the basis for the violation and may include but
shall not be limited to compliance schedules and cease-and-desist orders. Any industrial user
which has been issued an administrative order shall not be relieved of liability for existing
violations or subsequent violations which occurred or occur during or after the administrative
order has been served on the industrial user. The industrial user shall have 10 days to respond
to the Borough, in writing, notifying the Borough of its intention to comply with the order.
Each day of violation of the administrative order shall constitute a separate violation.
C. Compliance schedule.
(1) A compliance schedule may be served upon an industrial user which has violated this
chapter, a sewer use permit or other order issued hereunder. The Borough may issue its
order providing for the termination of sewer service in the event that adequate treatment
facilities, devices or other appurtenances shall not have been installed and are properly
operating. The installation of such devices shall be in accordance with guidelines specified
in the compliance schedule. Compliance schedules may also require the industrial user to
perform additional self-monitoring testing and improved management practices.
(2) Compliance with the order shall be achieved on or before the date(s) specified in the
order. In the event that compliance cannot be achieved by the industrial user as specified,
the industrial user may request an extension, in writing, not less than 15 days prior to the
scheduled date for compliance. The Borough, at its sole discretion, may grant an extension
of the date for compliance.
D. Cease and desist. Any industrial user which violates or continues to violate this chapter, a
sewer use permit or any order issued hereunder may be issued, by the Borough, an order to
cease and desist all such violations providing for immediate compliance with the chapter,
sewer use permit and regulations or halting discharges to the Borough treatment system until
all violations have been corrected. Each day of violation of the cease-and-desist order shall
constitute a separate violation.
E. Termination of service.
(1) The Borough may terminate the service of any industrial user which violates or continues
to violate this chapter and sewer use permit or any order issued hereunder or which
discharges any substance or substances that may be harmful to the wastewater treatment
plant, treatment plant personnel, the general public or the environment. Methods to be
used to terminate sewer service shall include but not be limited to the plugging of the
industrial user's line, revocation of the sewer use permit, termination of water service
and/or issuing a cease-and-desist order. Notice to the termination of service shall be
personally served on the industrial user, its agents, officers or employees setting forth the
reason for termination of service and the date and time of the termination of service.
(2) The Borough may terminate the service without notice where a threat to the safety of the
wastewater treatment plant, its personnel or the general public exists. Upon such
emergency termination, the Borough shall promptly notify the industrial user, its agents,
officers or employees personally as above.
(3) Service shall be restored to the industrial user upon the correction of the violations and/or
when the emergency has been abated.
§ 127-41. Hearing to show cause.
A. The Borough may order any user who causes or allows an authorized discharge to enter the
sewer system to show cause before the Borough Council why the proposed enforcement
action should not be taken. A notice shall be served on the user specifying the time and place
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of a hearing to be held by the Borough Council regarding the violation, the reasons why the
action is to be taken, the proposed enforcement action and directing the user to show cause
before the Borough Council why the proposed enforcement action should not be taken. The
notice of the hearing shall 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.
B. Users are still liable for all violations previous to and during the period of the hearings until
the violation has been corrected. Failure to respond to the hearing will be considered an
additional violation.
C. The Borough Council may itself conduct the hearing and take the evidence or may designate
any of its members or any officer, employee or agent of the Borough 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.
D. At any hearing held pursuant to this chapter, testimony taken must 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 thereof.
E. After the Borough has reviewed the evidence, it may issue an order to the user responsible for
the discharge directing that, following a specified time period, the sewer service be
discontinued unless adequate treatment facilities, devices or other related appurtenances shall
have been installed on existing treatment facilities, devices or other related appurtenances are
property operated. Further orders and directives as are necessary and appropriate may be
issued.
F. Civil proceedings. If any person discharges sewage, industrial wastes, nondomestic wastes or
other wastes into the sewer system or fails to submit required monitoring and compliance
reports or violates the requirements of the sewer use permit, the provisions of this chapter,
national or state pretreatment requirements or any order of the Borough, the Borough Solicitor
may commence an action for appropriate legal and/or equitable relief in the Court of Common
Pleas of Cumberland or Franklin County.
G. Criminal proceedings. When any person knowingly makes any false statement, representation
or certification in any application, record, report, plan or other document filed or required to
be maintained pursuant to this chapter or a sewer use permit or falsifies, tampers with or
knowingly renders inaccurate any monitoring device or method required under this chapter,
the Borough Solicitor may commence appropriate legal action.
§ 127-42. Appeals.
Any industrial user who shall be aggrieved by any order or enforcement action of the Pretreatment
Coordinator shall have the right to appeal any enforcement action(s) and/or penalty(ies) assessed
against him. Appeals shall be made within 30 days of the action. Failure to appeal within 30 days
shall constitute a waiver of the right to contest the enforcement action and/or the amount of the
penalty assessed. Appeals shall be in writing addressed to the Council of the Borough of
Shippensburg, P.O. Box 129, 60 West Burd Street, Shippensburg, Pennsylvania.
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§ 127-43. Civil penalties.
A. Civil penalties. Any industrial user which violates this chapter, sewer use permit, any other
federal, state or local pretreatment rules, regulations or standards, whether or not the violation
is willful or negligent, may be assessed a civil penalty in an amount not to exceed $25,000
per day, per violation, regardless of jurisdictional boundaries. Each violation for each separate
day shall constitute a separate and distinct offense. The Borough may also recover reasonable
costs such as attorney's fees, court costs and other expenses associated with enforcement
activities, including sampling and monitoring expenses, and the cost of actual damages to the
POTW and/or the environment. Penalties shall be assessed in accordance with the Borough's
enforcement response policy as described in § 127-39.
B. Uses for penalties.
(1) Penalties collected pursuant to the POTW penalty law shall be placed in a restricted
account and shall only be used by the Borough for the following:
(a) Repair of damage and any additional maintenance needed or any additional cost
imposed as a result of the violation for which the penalty was imposed.
(b) To pay any penalties imposed on the Borough by the federal or state government for
violation of pretreatment standards.
(c) Costs incurred by the Borough to investigate and take enforcement actions that
resulted in a penalty being imposed.
(d) Monitoring of discharges for the pretreatment program.
(e) Capital improvements to the POTW which may be required by the pretreatment
program.
(2) Any remaining funds may be used for other capital improvements to the POTW.
Article V. Grease Trap Regulations
§ 127-44. Definitions.
In addition to the following, the terms defined in § 127-1 shall also apply to this article:
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 preparation establishments,
such as restaurants, hotel kitchens, bars, factory and school cafeterias, and clubs.
§ 127-45. Trap or interceptor required.
Where required by Chapter 118, Plumbing, § 118-2,
Editor's Note: Former Ch. 118, Plumbing, was
and Chapter 127, § 127-
repealed 5-6-2008 by Ord. No. 829. See now Ch. 80, Uniform Construction Codes.
12, a grease trap shall be installed and located to efficiently remove fat, oils and grease and to be
easily and readily accessible for maintenance, cleaning and inspection. Upon application to the
Pretreatment Coordinator, the Pretreatment Coordinator may waive in writing this requirement based
on a review of the fat, oil and grease concentrations, the daily flows produced, and the availability of
a location for a trap to be installed.
§ 127-46. 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.
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§ 127-47. Permit required; application; fee.
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.
A. Users required to secure a permit shall complete and file with the Borough an application in
the form prescribed by the Borough and 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:
(1) Name of the person or entity which will be using the grease trap, his or its address and
telephone number. The permit will be issued to this person or entity which will be bound
by the terms of the permit.
(2) Name, address and telephone number of the owner of the property where the grease trap is
located.
(3) Address where the grease trap is located.
(4) Size of the grease trap, type and manufacturer.
(5) Date when the grease trap was installed.
(6) If requested, a copy of the plumbing plan for the facility showing the location of all drain
lines and sinks. For older structures where a plan is not available, inspection of the facility
by the Borough will be required.
B. The permit shall be renewed annually. Renewal of the permit shall not require another
application unless the information provided in the application has changed.
C. No permit shall be issued or renewed except upon payment of the permit fee.
D. Based on the application, the Pretreatment Coordinator shall specify in the permit the
minimum cleaning frequency for the grease trap. For permit renewals, this frequency may be
adjusted if conditions warrant.
E. By the permit, permittee and his use of the grease trap shall be subject to Chapter 127.
F. All users of existing grease traps shall submit an application and the permit fee within 30 days
of the effective date of this article. During this start-up of the permit program, a timely
submitted application shall authorize use of the grease trap until the permit application is
granted or denied.
§ 127-48. Installation.
A. Installation of the grease trap shall comply with the Borough's Plumbing Code at Chapter 118
Editor's Note: Former Ch. 118, Plumbing, was repealed 5-6-2008 by Ord. No. 829. See now Ch. 80,
and be acceptable to the Borough.
Uniform Construction Codes.
B. 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.
C. At least three business days prior to the start of installation, the permittee shall notify the
Pretreatment Coordinator when installation will occur.
D. Before backfilling, the grease trap and all plumbing shall be inspected by the Borough.
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§ 127-49. Cleaning requirements.
A. The grease trap shall be cleaned no less often than the frequency specified in the permit. The
frequency for cleaning the grease trap as specified in the permit shall be established by the
Pretreatment Coordinator based on the daily flows into the grease trap and the concentration
of fats, oil and grease entering the grease trap.
B. The method for cleaning the grease trap shall be of the suction type. The utilization of
chemical or biological additives/degreasers or any product that may liquefy grease trap wastes
is prohibited.
C. 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 of 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, the permittee shall provide to the Borough a copy of the record of
the cleaning.
D. 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 Pretreatment Coordinator.
§ 127-50. 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 Pretreatment Coordinator, 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.
§ 127-51. Inspection.
In applying for and being issued a permit, the 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 of 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.
§ 127-52. Enforcement.
Any person or entity violating this Article V shall be subject to the enforcement actions and civil
penalties prescribed in § 127-43.
Article VI. Miscellaneous Provisions
§ 127-53. Right of access.
The Borough and the Authority shall have the right of access at all reasonable times to any part of any
improved property served by the sewer system as shall be required for purposes of inspection,
observation, measurement, sampling, testing, the examination and copying of records and for
performance of other functions relating to service rendered by the Borough through the sewer system
or responsibilities of the Authority with respect to the sewer system.
§ 127-54. Borough to promulgate additional regulations and rates.
A. The Borough reserves the right to adopt by resolution and promulgate from time to time
additional classifications and sewer rates or charges therefor or modifications of the schedule
of sewer rates or charges as set forth in this article, which additional classifications and sewer
rates or charges or modifications, as the case may be, shall be construed as a part of this
article.
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B. The Borough reserves the right to adopt, from time to time, such rules and regulations, in
addition to provisions of this chapter, as it shall deem necessary and proper in connection with
the use and operation of the sewer system and discharge of wastewaters and other substances
thereto, which rules and regulations shall be, shall become and shall be construed as part of
this chapter.
§ 127-55. Severability.
If any provision, paragraph, word, section or article of this chapter is invalidated by any court of
competent jurisdiction, the remaining provisions, paragraphs, words, sections and ordinance shall not
be affected and shall continue in full force and effect.
§ 127-56. Agent of Sewer Authority.
The Sewer Authority appoints the Borough of Shippensburg, Pennsylvania, as its agent in all respects
for the administration and issuance of permits and orders and conducting hearings relative to use of
the sewer system and for operation and maintenance of the sewer system under this chapter and other
applicable ordinances, to the extent permitted by law, as long as the lease agreement (dated August
29, 1978) is in existence. On termination of the lease agreement, for any reason, the management of
this industrial pretreatment program immediately and automatically reverts to the Shippensburg
Borough Authority. Hearings pursuant to § 127-41 of this chapter shall be held by the Borough
Council. Legal action, when required to be taken by the Borough Solicitor, shall be commenced upon
notice from the Borough or other evidence of violation of this chapter or other applicable ordinances.
§ 127-57. Inconsistent or conflicting provisions; headings.
A. All other ordinances and parts of other ordinances inconsistent or conflicting with any part of
this chapter are hereby repealed to the extent of such inconsistency or conflict.
B. The headings in this chapter are solely for convenience and shall have no effect on the legal
interpretation of any provision hereof.
§ 127-58. Effective date; amendment.
This chapter shall take effect this 20th day of October 2009. The Borough reserves the right to make
changes from time to time, as in its opinion may be desirable or beneficial, and to amend this chapter
in such manner and at such times as, in its opinion, may be advisable.
§ 127-59. Repealer.
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.
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