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HomeMy WebLinkAboutWaynesboro Borough Sewage Ordinance Borough of Waynesboro, PAPage 1 of 16   Borough of Waynesboro, PA Wednesday, March 28, 2012 Chapter 220. SEWERS [HISTORY: Adopted by the Borough Council of the Borough of Waynesboro as indicated in article histories. Amendments noted where applicable.] Article I. Sewer Connection Permits [Adopted 7-1-1936 by Ord. No. 345 (Ch. XIX, Part 1, Secs. 4 through 8 of the 1970 Code)] § 220-1. Permit required to connect with sewer. [Amended 3-25-1970 by Ord. No. 655] No person or persons, firm or corporation, except officers or employees of the Borough or of the Waynesboro Borough Authority, acting in their official capacity, shall tap or make any connection with any public sewer or branch thereof, in the Borough, without first having obtained a permit from the Borough Manager. § 220-2. Permit fee. [Amended 3-25-1970 by Ord. No. 655; 7-1-1992 by Ord. No. 943] Where a property owner shall desire to make connection with any public sewer, it shall be unlawful for the Borough Manager to issue a permit for such connection until such property owner shall have paid to the Borough a sum of monies which shall be set forth in a schedule of fees which shall be adopted by resolution of the Waynesboro Borough Council, which schedule may be amended by resolution of the Waynesboro Borough Council. § 220-3. Right to refuse permits. The Borough Council reserves unto itself the right to refuse permits for the admission or discharge into the sewer system, of industrial or other wastes of a nature which may become injurious to the public sewer system, the sewage treatment plant, or the sewage treatment process. § 220-4. Buildings to be connected; individual sewage disposal units not to be connected to sewer. [Amended 3-25-1970 by Ord. No. 655] Buildings shall be connected directly to the public sewer system, and no cesspool or local sewage disposal unit shall be connected to the system. § 220-5. Violations and penalties. [Amended 3-25-1970 by Ord. No. 655] Any person or persons, firm or corporation violating any provision of this article shall, for each and every such violation, upon conviction thereof, be sentenced to pay a fine of not less than $5 nor more than $10 and costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for not less than five nor more than 30 days. Provided, each day's violation of any provision of this article shall constitute a separate violation. Article II. Sewer Connection Required [Adopted 7-21-1938 by Ord. No. 356 (Ch. XIX, Part 1, Secs. 1 through 3 of the 1970 Code)] http://www.ecode360.com/print/WA21323/28/2012 Borough of Waynesboro, PAPage 2 of 16 § 220-6. Property owners to make connections with sanitary sewer. All owners of property abutting on or adjoining any street or alley in which is laid a sanitary sewer be and are hereby required to make connections with such sanitary sewer for the purpose of discharge of all drainage consisting of all household waste liquids and human excreta, as customary in a system of sanitary sewers. This does not include the discharge of oils, grease, tar, gasoline or any other liquids that are not of the usual household nature. This does not include stormwater or drainage due to rain or snow. § 220-7. Notice to make connection; authority for Borough to do so at expense of defaulting property owner. After July 1, 1939, all owners shall be given 45 days' notice of the ordinance requiring the sewer connection, and upon his, her, its, or their failure to make such connection, the Borough may make the connection to the sewer and collect the cost thereof from the owner by a municipal claim or lien or in an action of assumpsit. § 220-8. Violations and penalties. Any person, firm or corporation violating any of the provisions of this article shall for each offense and each separate violation be subject to a penalty of not less than $10 nor more than $50 and in default of payment of said fine and costs shall be confined to the County Jail for a period of not less than 10 days nor more than 30 days. Each daily act of violation shall be considered a separate offense. Article III. Individual or Community Sewage Disposal Systems [Adopted 3-6-1968 by Ord. No. 617 (Ch. XIX, Part 3 of the 1970 Code)] § 220-9. Application for inspection and permit. Any person desiring to install an individual or community sewage disposal system or construct any building in which an individual or community sewage disposal system is to be installed in the Borough of Waynesboro, Pennsylvania, shall make application for inspection and a permit as required by the Pennsylvania Sewage Facilities Act of January 24, 1966, P.L. 1535, to the Sewage Facilities Inspection Officer of the Borough of Waynesboro, Pennsylvania. § 220-10. Permit fee. [Amended 12-27-1977 by Ord. No. 821] A fee of $50 shall be payable to the Borough of Waynesboro upon making application for a permit. If the investigation reveals that an on-lot system will meet the requirements of the Act, an additional fee of $75 shall be payable before the permit is issued. § 220-11. Disposition of permit fees. All permit fees shall be deposited in the General Fund of the Borough of Waynesboro, Pennsylvania. Article IV. Discharge Regulations [Adopted 5-12-1970 by Ord. No. 694 (Ch. XIX, Part 4 of the 1970 Code)] § 220-12. Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows: BOROUGH The Borough of Waynesboro. ENGINEER http://www.ecode360.com/print/WA21323/28/2012 Borough of Waynesboro, PAPage 3 of 16 The Borough Engineer of the Borough of Waynesboro, or his authorized deputy, agent or representative. GARBAGE Solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. INDUSTRIAL WASTES The liquid wastes from industrial processes as distinct from sanitary sewage. NATURAL OUTLET Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater. PERSON Any firm, association, organization, partnership, trust, company, corporation, society, or group, as well as an individual. The present tense includes the future tense, the singular includes the plural, and the plural number includes the singular. SANITARY SEWER A sewer which carries sewage and to which stormwaters, surface waters and groundwaters are not intentionally admitted. SEWAGE A combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such groundwaters, surface waters and stormwaters as may be present. SEWER A pipe or conduit for carrying sewage. SHALL Is mandatory; and the word "may" is permissive. STORM SEWER A sewer which carries stormwaters and surface waters and drainage, but excludes sewage and polluted industrial wastes. SUSPENDED SOLIDS Solids that either float on the surface of, or are in suspension in water, sewage or other liquids and which are removable by filtering. VOLATILE INFLAMMABLE LIQUID Any liquid that will emit an inflammable vapor at a temperature below 160° F. WATERCOURSE A channel in which water flows either continuously or intermittently. § 220-13. Discharges into sanitary sewers. No person, firm, association or corporation shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff or subsurface drainage, into any sanitary sewer. § 220-14. Storm sewer or natural outlet. Stormwater and all other unpolluted drainage shall be discharged into such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the Engineer. http://www.ecode360.com/print/WA21323/28/2012 Borough of Waynesboro, PAPage 4 of 16 § 220-15. Industrial cooling water; unpolluted process water. Industrial cooling water or unpolluted process waters may be discharged upon approval of the Engineer to a storm sewer or natural outlet. § 220-16. Surface drainage. No person, firm, association or corporation shall allow or cause to be allowed in or on any court, yard, area or the premises of any habitable building, or in, or on any vacant lot or other place, or direct or divert the flow on the property of others, any surface drainage which may be or may become a public health nuisance. § 220-17. Discharges into storm sewers. No person, firm, association or corporation shall place, put, discharge or cause to be discharged any of the following described waters or wastes into any of the storm sewers of the Borough, nor shall any person, firm, association or corporation place any such product or matter where it might flow, be washed, or find its way into the storm sewers of the Borough: A. Any garbage, human or animal excrement or other objectionable wastes. B. Any sanitary sewage, industrial wastes or polluted waters. C. Any liquid or vapor having a temperature higher than 150° F. D. Any water or waste which contains fat, oil or grease in a concentration of more than one to 100. E. Any gasoline, grease, benzene, naphtha, fuel oil, lubricating oil, kerosene, cleaning fluid, liquid asphaltum and any volatile inflammable liquid, gas, vapor, oils or grease. A volatile inflammable liquid is any liquid that will emit an inflammable vapor at a temperature below 160° F. F. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, iron or metal filings, waste or by-products, paper, pulp, industrial wastepaper, gravel or any other solid or viscous substance or water mixed with any of such substances. G. Any waters or wastes containing inorganic acid or acids in a concentration of more than one to 100. H. Any water or wastes containing suspended solids in excess of 200 ppm, of an unusual character or quantity and having a deleterious effect upon the receiving stream. I. Any waters or wastes containing toxic, poisonous, noxious or deleterious substances to the extent of being harmful or injurious to public health, animal or aquatic life or for industrial, domestic or recreation uses, including any waters or wastes containing any contamination that would cause or is likely to cause, impairment of the water's purity by any process or action. § 220-18. Interpretation. It is declared to be unlawful for any person to place, deposit or discharge, or to cause, suffer or permit to be placed, deposited or discharged, any of the prohibited substances listed above in § 220-17, into any of the storm sewers of the Borough, or on or upon any street, alley or public place, or upon any private property in the Borough, in such manner that such substances will be permitted to run into any such storm sewer, or in such manner that the same will flow or remain loosely deposited in or upon any street, sidewalk, gutter or other public place in the Borough; provided, however, that nothing contained herein shall prohibit the use of said substances in making authorized street repairs, and provided further, that this article shall not be construed as prohibiting the ordinary drippings of oil http://www.ecode360.com/print/WA21323/28/2012 Borough of Waynesboro, PAPage 5 of 16 from automobiles and other motor-propelled vehicles upon the roads, streets or highways of the Borough of Waynesboro. § 220-19. Violations and penalties. Any person, firm, association or corporation violating any of the provisions of this article, or aiding, abetting or assisting in the violation of said provisions shall be sentenced to pay a fine of not less than $25 nor more than $100 and costs of prosecution, and, in default of payment thereof, to imprisonment in the County Jail for not more than 10 days. Provided, each day on which any such violation shall take place shall constitute a separate violation. Article V. Sewer Use and Charges [Adopted 4-19-1989 by Ord. No. 920] § 220-20. Definitions. Unless the content specifically indicates otherwise, the meaning of terms used in this article shall be as follows: AUTHORITY Waynesboro Borough Authority, as presently or hereafter constituted, which has been created by Borough Council. BOD (BIOCHEMICAL OXYGEN DEMAND) The quantity of oxygen, expressed in mg/l, utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° Centigrade. The standard laboratory procedure shall be found in the latest edition of "Standard Methods for the Examination of Water and Wastewater" published by the American Public Health Association. BOROUGH The Borough of Waynesboro, Franklin County, Pennsylvania. BUILDING DRAIN (SANITARY) That part of the lowest piping of a sewage drainage system which receives the sewage discharge inside the walls of the building and conveys it to the building sewer. BUILDING SEWER (SANITARY) That part of the sewage drainage system which extends from the end of the building drain and conveys its discharge to the public sanitary sewer. CHROMIUM (TOTAL) The combined concentration of chromium (II), chromium (III), and chromium (IV) present in a wastewater sample as determined by the procedures outlined in the latest edition of "Standard Methods for the Examination of Water and Wastewater." COLOR The spectrum of the light transmitted by the wastewater solution after removing the suspended material, including pseudo-colloidal particles. COUNCIL The group of elected officials acting as the governing body of the Borough. ENVIRONMENTAL PROTECTION AGENCY or 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. GARBAGE http://www.ecode360.com/print/WA21323/28/2012 Borough of Waynesboro, PAPage 6 of 16 Solid waste resulting from the domestic and commercial preparation, cooking, and dispensing of food and from handling, storage, and sale of produce. INDUSTRIAL ESTABLISHMENT Any structure or premises intended to be used wholly or in part for the manufacturing, fabricating, processing, cleaning, or laundering or assembly of any product, commodity, or article. INDUSTRIAL WASTE Any solid, liquid, or gaseous substance, 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. INTERFERENCE The inhibition or disruption of the sewage treatment plant processes or operations which contribute to a violation of any requirements of the Authority's or Borough's NPDES permit. The term includes prevention of sewage sludge use or disposal by the Authority or Borough in accordance with Section 4.05 of the Federal Water Pollution Control Act (33 U.S.C. § 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the Authority or Borough. LATERAL That part of the building sewer that extends from the public sanitary sewer main to the curbline, property line or right-of-way line, whichever is closest to the sanitary sewer main. mg/l Milligrams of pollutant per liter of sample. NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307 (b) and (c) of the Federal Water Pollution Control Act (33 U.S.C. § 1347) which applies to a specific category of industrial users. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT A permit issued pursuant to Section 402 of the Federal Water Pollution Control Act (33 U.S.C. § 1342). NONRESIDENTIAL ESTABLISHMENT Any property on which there is erected a structure, from which wastewater is or may be discharged, that is not classified as a residential establishment. PERSON Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context. pH The logarithm of the reciprocal of the concentration of hydrogen ions, expressed in gram equivalent per liter of solution. It shall be determined by one of the accepted methods described in the latest edition of "Standard Methods for Examination of Water and Wastewater" published by the American Public Health Association. PROCESS WATER Water that comes in direct contact with a commercial or industrial end product or with materials incorporate in an end product. http://www.ecode360.com/print/WA21323/28/2012 Borough of Waynesboro, PAPage 7 of 16 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 the generally recognized documentation of competency. RESIDENTIAL ESTABLISHMENT Any room, group of rooms, house trailer, enclosure, etc., occupied or intended for occupancy as separate living quarters by a family or other groups of persons living together or by persons living alone, excluding institutional dormitories. 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. SEWAGE SYSTEM All temporary and permanent facilities at any time, and from time to time, owned by the Authority or leased to and operated by, the Borough and used, or usable for, or in connection with the collection, conveyance, and treatment of wastewaters. SEWAGE TREATMENT PLANT The facilities owned by the Authority or leased to and operated by the Borough and used for the treatment of wastewaters. SEWER A pipe or conduit which carries sanitary sewage and/or authorized industrial wastes and to which stormwaters, surface waters, and groundwaters are not intentionally admitted. SLUG Any discharge of water, sewage, or industrial waste in which the concentration of any given constituent or the quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration, or flow, during normal operation. STATE The Commonwealth of Pennsylvania. SUSPENDED SOLIDS Solids that either float on the surface of, or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering using a glass-fiber filter. USER Any person who contributes, causes or permits the contribution of wastewater into the sewage system. 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 sewage system. § 220-21. Sewer rentals and fees. A. Computation of rentals and fees. (1) Schedule of fees; determination of volume of water used. (a) All owners of property connected to and from which wastewaters are discharged to the sewage system, with exceptions set forth hereinafter in Subsection A(2), (3), (4) and (6), shall pay sewer rentals based upon volumes of water consumed as set forth in a http://www.ecode360.com/print/WA21323/28/2012 Borough of Waynesboro, PAPage 8 of 16 schedule of fees which shall be adopted by resolution of the Waynesboro Borough Council, which schedule may be amended from time to time by resolution of the Waynesboro Borough Council. (b) The volume of water to be used for billing sewer rentals under this Subsection A(1) shall include aggregate quarterly volumes of water purchased from the Borough of Waynesboro and, in addition, aggregate quarterly volumes of water obtained from all other sources (wells, streams, etc.) if discharged into the sanitary sewer system as determined (1) from meters installed and maintained by the property owners as may be required and approved by the Borough, or (2) from estimates or measurements made by the Borough. (2) In the case of owners of property from which wastewaters are discharged to the sewage system that originate in more than one establishment located on the property, sewer rentals shall be computed for each establishment as set forth in Subsection A(1) and/or as may be applicable, Subsection A(3), (4), (5) and (6). Individual sewer rentals thus computed for each establishment shall be totaled for purposes of determining the aggregate sewer rental billing to the property owner. Any room, group of rooms, house trailer, enclosure, etc., occupied or intended for occupancy as separate living quarters provided with separate toilet facilities and/or facilities for the preparation of food and each office and business shall be classified as an establishment for sewer rental purposes. (3) Exclusion from the sewage system of noncontaminated wastewaters may be required by the Borough or such exclusion may be optional with the property owner if not required by the Borough. When such wastewaters are excluded, sewer rentals shall be based upon total water consumption, less water excluded, as set forth under Subsection A(1) and/or, as may be applicable, as set forth in Subsection A(2), (4) and (5). Water excluded shall be determined from meters installed and maintained by the property owner as required and approved by the Borough, from estimates made by the Borough, or the property owner may elect to measure wastewater volumes actually discharged to the sewage system as hereinafter provided. (4) The Borough may require the owner of an industrial establishment, or the owner of an industrial establishment may elect to install, pay for, and maintain a meter approved by the Borough for measuring quarterly wastewater volumes discharged to the sewage system; in which case sewer rentals shall be based upon the actual volume of wastewaters so metered and the rates set forth under Subsection A(1) and/or, as may be applicable, as set forth in Subsection A(2), (5) and (6). (5) The Borough reserves the right to require the owner of a nonresidential establishment discharging wastewaters to the sewage system having an average five-day biochemical oxygen demand (BOD) greater than 200 parts per million (ppm) and/or a suspended solids content greater than 200 ppm to pay a strength of waste surcharge, as may be determined by the Borough, in addition to applicable volume charges. (6) Sewer rental billings to owners of industrial establishments discharging wastewaters to the sewage system and employing more than six employees based upon the average number of employees during the preceding calendar year shall be not less than $1.50 per employee per quarter, based upon the average number of employees during the preceding calendar year. Each industrial establishment shall furnish the Borough, on or before March 1 of each year, information regarding the average number of employees during the preceding calendar year. In case an industrial establishment refuses to furnish such information, the Borough shall estimate the number of employees. (7) All sewer rental billings shall be rendered in arrears of the service provided for quarterly service periods. A credit as determined by the Borough shall be allowed the owners of properties which are unoccupied or not used for a period of six consecutive months or http://www.ecode360.com/print/WA21323/28/2012 Borough of Waynesboro, PAPage 9 of 16 more. No credit allowances shall be given for periods of nonoccupancy less than six consecutive months. (8) The Borough, for the purpose of recovering costs from users of its sewage system for the implementation of the industrial waste discharge permitting program detailed in § 220-23 of this article, may from time to time collect charges and fees to include: (a) Fees for industrial waste discharge permit and modified permit applications. (b) Fees for monitoring, inspections, and industrial waste surveillance procedures. (c) Fees for yearly sampling and analyses of user's discharges. (d) Fees for reviewing accidental discharge procedures and construction. (e) Fees for filing appeals. (f) Other fees as the Borough may deem necessary to carry out the requirements of the industrial waste permitting program. B. The aforementioned fees shall be set by Waynesboro Borough Council by resolution, which schedule may be amended from time to time by resolution of the Waynesboro Borough Council. C. These fees are related solely to the matters covered by § 220-23 of this article and are separate from all other fees chargeable by the Borough. § 220-22. Rules and regulations. A. All sewer rental bills not paid within 30 days of the date appearing on the bill shall be subject to a penalty of 5%. If any bill remains unpaid for a period of 60 days, water service to the delinquent property may be shut off after 10 days from date written notice of intention to do so has been mailed to the person liable for payment and a written notice has been posted at a main entrance to the premises. In addition, administrative charges may be charged as may be adopted by Borough Council by resolution from time to time. Service will not again be supplied until all rentals, penalty, interest and necessary expenses and charges for shutting off and turning on water service have been paid in full. All together with the 5% penalty an interest at the rate of 6% per annum shall be collected either by action of assumpsit in the name of the Borough against the owner of the property charged or by distress of personal property on the premises or by a lien filed in the nature of a municipal lien against the owner or reputed owner of the property charged or benefited. The presentation of a bill for sewer rentals is a matter of accommodation and failure to receive a bill shall not entitle any property owner to a longer payment period than herein set forth. [Amended 1-3-2000 by Ord. No. 990; 1-1-2002 by Ord. No. 1002] B. The Borough reserves the right to refuse permission to connect to the sewage system, to compel discontinuance of use of the sewage system or to compel pretreatment of wastewaters by any nonresidential establishment, in order to prevent discharges deemed harmful or having a deleterious effect upon any portion of the sewage system. C. No user shall discharge or cause to be discharged any stormwater, surface water, building, foundation drainage, roof runoff, or surface drainage into the sewage system. D. 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 system whether or not said user is subject to National Categorical Pretreatment Standards or any other national, state, or local pretreatment standards or requirements. http://www.ecode360.com/print/WA21323/28/2012 Borough of Waynesboro, PAPage 10 of 16 E. Except as otherwise provided in this article, no user shall discharge or cause to be discharged to the sewage system any sanitary sewage, industrial waste or other substance: (1) Having a temperature higher than 150° Fahrenheit. (2) Containing more than 100 mg/l by weight of fats, oils and greases. (3) 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 to be injurious in any other way to the sewage system. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than 5% nor any single reading over 10% of the Lower Explosive Limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, fuel oils, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which the Borough, the state or EPA has notified the user is a fire hazard to the system. (4) Containing any garbage that has not been ground by household type or other suitable garbage grinders. (5) Containing any ashes, metal grinding, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other viscous substance capable of causing obstructions or other interferences with proper operation of the sewage system. (6) Having a pH lower than 6.0 or higher than 9.0, or having any other corrosive property capable of causing damage or hazards to structures, equipment, or personnel of the sewage system. (7) Containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard in the receiving waters of the sewage treatment plant, or to exceed the limitations 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 Federal Water Pollutant Control Act, as amended, 33 U.S.C. § 1251 et seq. as may be amended from time to time. (8) Containing noxious or malodorous substances that will pass through the sewage treatment plant and exceed the state and interstate requirements for the receiving stream. (9) Containing any substance that may cause the 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 into the sewage system cause the Borough to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Federal Water Pollutant Control Act; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act, or state criteria applicable to agricultural utilization of wastewater sludge. (10) Having color greater than 75 units on Platinum-Cobalt scale. (11) Containing any substances which are not correctable by treatment or reduction by the biochemical wastewater treatment processes employed at the sewage treatment plant or are treatable but are present in such quantity as to cause the treatment plant to exceed the requirements of agencies having jurisdiction over the discharge to the receiving stream. (12) Prohibited by any permit issued by the state or the Environmental Protection Agency. http://www.ecode360.com/print/WA21323/28/2012 Borough of Waynesboro, PAPage 11 of 16 F. No person shall discharge or cause to be discharged to the sewage system wastewater containing in excess of: 0.07 mg/l cadmium 1.50 mg/l chromium (total) 0.90 mg/l copper 0.80 mg/l cyanide 1.50 mg/l lead 0.07 mg/l mercury 0.30 mg/l nickel 1.50 mg/l zinc 0.10 mg/l bis (2-ethylheyl) Phthalate 0.10 mg/l Di-N-Butyl Phthalate (1) All measurements, tests and analysis of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of "Standard Methods for Examination of Water and Waste Water," published by the American Public Health Association, 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. (2) In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. The samples shall be collected over a twenty-four- hour period with the sample proportioned according to the flow rate at the time of the sample. G. The Borough reserves the right to require nonresidential establishments having large variations in rates of wastewater discharge to install suitable regulating devices for equalizing wastewater flows to the sewage system. H. When directed by the Borough for due cause, owners of nonresidential establishments shall install, pay for, and maintain a manhole and such other devices as may be approved by the Borough to facilitate observation, measurement, and sampling of wastewaters discharged to the sewage system. The Borough or its duly authorized representatives shall, at all times, be permitted to enter upon any and all properties for the purpose of inspecting, observing, measuring, and sampling wastewaters discharged to the sewage system. I. Subsequent to the effective date of this article the owners of any nonresidential establishment that desires to connect to the sewage system, or any nonresidential establishment which is connected to the sewage system and plans to change operations as to materially alter the characteristics and volumes of wastewaters discharged to the sewage system shall notify the Borough in writing and shall obtain written approval from the Borough before making such connection or changing its operations. J. Owners of industrial establishments desiring to discharge industrial wastes to the sewage system shall obtain a permit from the Borough to do so upon notification by the Borough. Applications for a permit to discharge industrial wastes shall be accompanied by all information requested by the Borough for the determination of industrial waste volumes, http://www.ecode360.com/print/WA21323/28/2012 Borough of Waynesboro, PAPage 12 of 16 characteristics, and constituents. The cost for obtaining such information shall be borne by the industrial establishment. K. No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate pretreatment to achieve compliance with the limitations contained in the article, the Federal Categorical Pretreatment Standards, any other pollutant-specific limitations developed by the Borough or state. L. Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by the Borough. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or 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 shall be approved by the Borough before construction of the facility. However, in no event shall any liability accrue to the Borough as a result of its approval of said plans. All existing users shall complete such a plan within six months of the effective date of this article. No users who commence contribution to the sewage system after the effective date of this article 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 article. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the Borough of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions. M. 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. N. Nothing contained in this section shall be construed as prohibiting any special agreement or arrangement between the Borough and any person whereby industrial waste of unusual strength or character may be admitted into the sewage system. O. The Borough shall in no event be responsible for maintaining any portion of any lateral, or for any damage done by stoppage thereof; and all repairs and replacement shall at all times comply with municipal regulations. P. The Borough reserves the right to, and may from time to time, adopt, revise, amend and readopt such rules and regulations as it deems necessary and proper for the use, operation, and protection of the sewage system, and all such rules and regulations shall be and become a part of this article. § 220-23. Industrial waste discharge permits. A. Owners of industrial establishments desiring to discharge industrial wastes to the sewage system shall complete and file with the Borough, an industrial waste discharge permit application in the form prescribed by the Borough, and accompanied by a fee in the amount specified by the current fee schedule. Existing industrial users shall apply for an industrial waste discharge permit within 30 days after the effective date of this article. Proposed new industrial 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, all information requested by the Borough pertaining to the user's existing or potential wastewater discharges. The Borough will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the http://www.ecode360.com/print/WA21323/28/2012 Borough of Waynesboro, PAPage 13 of 16 Borough may issue an industrial waste discharge permit subject to the terms and conditions provided herein. B. Industrial waste discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges, and fees established by the Borough. Industrial waste discharge permits may contain the following: (1) Limits on the average and maximum wastewater constituents and characteristics. (2) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization. (3) Requirements for installation and maintenance of inspection and sampling facilities. (4) Specifications for monitoring programs which may include sampling location, frequency of sampling, number, types, and standards for tests and reporting schedule. (5) Compliance schedule. (6) Requirements for submission of technical reports or discharge reports. (7) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Borough and affording Borough access thereto. (8) 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 sewage system. (9) Requirements for notification of slug discharges. (10) Other conditions as deemed appropriate by the Borough to ensure compliance with this article. C. Industrial waste discharge permits shall be issued for a specified time period, not exceeding five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. 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 § 220-22 of this article 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. D. Industrial waste discharge permits are issued to a specific user for a specific operation. An industrial waste discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the Borough. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit. E. Any owner of an improved property who is discharging industrial waste into the sewage system and who contemplates a change in the method of operation or in the pretreatment facilities which will alter the type of industrial waste then being discharged into the sewage system shall apply for a new industrial waste discharge permit at least 30 days prior to such change. The revised permit will be subject to a fee. Approval or disapproval of a modified permit shall be regulated by the procedures established hereunder by the issuance of an original permit. http://www.ecode360.com/print/WA21323/28/2012 Borough of Waynesboro, PAPage 14 of 16 F. In the case of complete separation of sanitary sewage from industrial waste within an establishment, with the sanitary wastes only discharged to the sanitary sewer, no discharge permit fee shall be imposed on that portion of the wastes going to the sanitary sewer. G. Users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all appropriate Federal Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations. Any facilities required to pretreat wastewater to a level acceptable to the Borough shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Borough for review, and shall be acceptable to the Borough before construction of the facility. However, in no event shall any liability accrue to the Borough as a result of its approval of said plans. 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 article. H. The Borough may require a user to submit to the Borough 10 days prior to the first day of June and December, unless required more frequently, a report indicating the nature and concentration of pollutants in its effluent. 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 will perform the required analyses and will bill the user accordingly. Unless otherwise specified, all sampling and analytical technique for the pollutants listed in the permit 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. I. Sampling and monitoring facilities. (1) Any user whose property is serviced by a building sewer carrying industrial 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. (2) There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. (3) 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. J. The costs of all sampling, testing, inspection, and other monitoring activities shall be borne by the respective user. The Borough may sample and analyze the discharge of each user holding an industrial waste discharge permit once per year on an unannounced basis. The fees for such sampling and analysis will be billed to and shall be paid by the user. K. Availability of user information. (1) Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other government agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Borough that the release of such information would divulge information, processes or methods of production entitled to protection as http://www.ecode360.com/print/WA21323/28/2012 Borough of Waynesboro, PAPage 15 of 16 trade secrets of the user. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this article, 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. (2) Information accepted by the Borough as confidential, shall not be transmitted to any governmental agency by the Borough until and unless a fifteen-day written notification is given to the user. § 220-24. Enforcement. A. Suspension of wastewater treatment service and/or an industrial waste discharge permit. (1) The Borough may suspend the wastewater treatment service and/or an industrial waste discharge permit when such suspension is necessary, in the opinion of the Borough, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, or causes interference to the sewage system or causes the Borough to violate any condition of the sewage plant's NPDES Permit. (2) Any person notified of a suspension of the wastewater treatment service and/or the industrial waste discharge permit shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the Borough shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the sewage system or endangerment to any individuals. The Borough shall reinstate the industrial waste discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful discharge and the measures taken to prevent any future occurrence shall be submitted to the Borough within 15 days of the date of occurrence. B. Revocation of permit. (1) Any user who violates the following conditions of this article, or applicable state and federal regulations, is subject to having its permit revoked in accordance with the procedures of § 220-24 of this article: (a) Failure of a user to factually report the wastewater constituents and characteristics of his discharge. (b) Failure of the user to report significant changes in operations, or wastewater constituents and characteristics. (c) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring. (d) Violation of conditions of the industrial waste discharge permit. (2) If a permit is revoked, the Borough may take steps it deems advisable, including severance of the sewer connection, to ensure compliance with this article. C. Whenever the Borough finds that any user has violated or is violating this article, industrial waste discharge permit, or any prohibition, limitation or requirements contained herein, the Borough may serve upon such person a written notice stating the nature of the violation. http://www.ecode360.com/print/WA21323/28/2012 Borough of Waynesboro, PAPage 16 of 16 Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the Borough by the user. D. If any person discharges sewage, industrial wastes, or other wastes into the sewage system contrary to the provisions of this article, federal 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 39th Judicial District of Pennsylvania, Franklin County Branch. § 220-25. Violations and penalties. A. Any person, partnership or corporation who willfully or negligently failed to comply with any provision of this article, and the orders, rules, regulation and permits issued hereunder, shall upon conviction thereof, be sentenced to pay a fine not exceeding $300 for each offense, or such person, the members of such partnership, or the officers of such corporation shall be liable to imprisonment for not more than 90 days, or both. Each day that a violation is continued shall constitute a separate offense. In addition to the penalties provided herein, the Borough may recover reasonable attorney's fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this article or the orders, rules, regulation, and permits issued hereunder. All fines collected for the violation of this article shall be paid to the Borough of Waynesboro. B. Any person who knowingly makes any false statements, representation or certification in any application, record, plan or other document filed or required to be maintained pursuant to this article, or industrial waste discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article, shall, upon conviction, be punished by a fine of not more than $300 or by imprisonment for not more than 90 days, or both. http://www.ecode360.com/print/WA21323/28/2012