[HISTORY: Adopted by the Borough Council of the Borough of Evans City as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Municipal authorities — See Ch. 13.
Water — See Ch. 182.
[Adopted 11-1-1976 by Ord. No. 348 as Part 9, Art. 917, of the 1976 Code]
As used in this article, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Evans City or the Evans City Water and Sewer Authority.
[Added 8-1-1994 by Ord. No. 456; amended 9-3-2013 by Ord. No. 555]
COMMERCIAL USER
Any building or structure or major portion thereof which is occupied by a person or persons, partnership, firm or corporation proffering the sale of goods and/or services.
INDUSTRIAL USER
Any building or structure housing any operation or process involving the manufacture or alteration of any material and/or physical substance.
OWNER
Any natural person, association, partnership, firm or corporation owning real estate within the area of the public sewer system. The singular shall include the plural and the masculine shall included the feminine and the neuter.
PUBLIC USER
Any user consisting of a nonprofit organization and normally considered as a public institution such as schools, libraries, municipal buildings, volunteer fire companies and like institutions.
RESIDENTIAL USER
Any building or structure or major portion thereof which has as its primary function that of a dwelling or occupancy by persons on a more or less permanent basis.
[Amended 8-1-1994 by Ord. No. 456]
All owners of property in the Borough whose property abuts upon any public sewer system now constructed, proposed to be constructed or to be constructed in the future by the Borough of Evans City shall connect, at their own cost, in accordance with the regulations and charges in effect, the buildings erected on their respective properties to such sewer system. The house, building or other proposed structures located on such property shall be connected with the public sewer system within 45 days after receiving notice, in writing, by the Secretary of the Council or the Borough to make such connection. Upon the owner's failure to make connection within such period, the Borough may and shall make the connection and collect the costs thereof from the owners of such property, together with 10% additional thereof and all charges and expenses incidental thereto, which sums shall be collected from the owner or owners for the use of the Borough as debts are by law collectible; or the Borough may, by its proper officers, file a municipal claim or lien against such premises as provided by law. Posting of notice upon the premises for such period shall be the equivalent of written notice.
Duly authorized agents of the Borough shall have access at all reasonable hours of the day to all parts of the premises to which sewer service is supplied to make necessary inspection.
Each unit or domicile of a multiple dwelling shall be deemed a single residential dwelling unit, except rooming houses, offices or similar occupancy where each tenant occupies only one or two rooms using common toilet facilities.
The Borough reserves the right to refuse connection to a sanitary sewer or otherwise to compel discontinuance of use or to compel pretreatment by an industry to prevent discharge to the sewer of any waste deemed to be harmful to the sewer system or sewage treatment plant or to have a deleterious effect on the sewage treatment process.
[Amended 8-1-1994 by Ord. No. 456]
The Borough shall not be liable for any damage resulting from leaks, broken pipes or from any other cause occurring to or within any house or building between the sewer line and any house or building; and the Borough shall not be liable to any owner for any claim for damage arising by reason of leaking or breaking of any main, interceptor, lateral or building connection, sewer line or any attachment to the sewer.
The Borough may give an owner whose property is not connected with the sewer system written notice to connect with the sewer system within 45 days pursuant to § 142-2 by personal service or by certified mail sent to the last address of such owner. Upon failure of such owner to make the required connection within such forty-five-day period, the Borough may make such connection and collect the cost thereof from the owner by a municipal claim or in an action in assumpsit.
The Borough has provided and shall provide six-inch wye outlets from the main sewer lines for each lot. All owners must connect to this wye. With permission of the Borough Engineer(s), connections may be made at other points. Every connection to a main sewer must be inspected by the Borough Engineer(s) or other constituted Borough personnel before the trench is backfilled.
If any owner of improved property within the Borough not connected with the sewer system as required by § 142-2 to connect therewith has been given notice to connect as provided by § 142-7 and has failed to make the required connection within the period of 45 days required by such notice, such failure is hereby declared a violation of this section.
All owners of property connected or connecting with the sewers, sewer system and sewage treatment works as owned or leased by the Borough and all of the owners of property who may hereafter connect with and use the same shall pay sewer rentals or charges payable monthly as hereinafter provided for the use of such sewer facilities based upon the following schedule of rates:
A. 
All owners of property connected or connecting with the sewers, sewer system and sewage treatment works as owned or leased by the Borough and all of the owners of property who may hereafter connect with and use the same shall pay sewer rentals or charges payable monthly as hereinafter provided for the use of such sewer facilities based upon the rate schedule adopted from time to time by the Evans City Water and Sewer Authority.[1]
[Last amended 9-3-2013 by Ord. No. 555[2]]
[1]
Editor's Note: Said schedule is on file in the Borough offices.
[2]
Editor's Note: This ordinance provided that it would be effective on the date of the initial rate change schedule adopted by the Evans City Water and Sewer Authority.
B. 
Sewer rental rates.
[Last amended 12-18-2002 by Ord. No. 509]
(1) 
Schedule. The following sewer rental rates shall be imposed the effective date of this Subsection B(1):
[Amended 7-6-2011 by Ord. No. 544[3]]
Charge per 1,000 Gallons
Water Used per Month
(gallons)
Residential
Commercial
Industrial and Public
0 to 10,000
$4.50
$5.00
$5.00
10,000 to 20,000
$5.00
$5.50
$5.50
20,001 to 100,000
$5.50
$6.00
$6.50
All over 100,001
$6.00
$6.00
$6.50
[3]
Editor's Note: This ordinance provided an effective date of 8-1-2011.
(2) 
The Borough Secretary, or her designee, shall render a bill to the owner of each residential, commercial, industrial and public user by first class mail on or before the first day of each month. If the bill is not paid by the 10th of the month, a penalty of 1.5% of the total due for each month of delinquency shall be added.
[Amended 6-7-2010 by Ord. No. 537]
C. 
Users with private water supply who discharge into the sewer system are required to install and maintain, at their expense, water meters of a type and size approved by the Borough or be assessed a flat rate as determined by the Borough by resolution from time to time.
D. 
Surcharge fees.
[Amended 7-7-1997 by Ord. No. 475]
(1) 
Any user of the Borough's publicly owned treatment works (POTW) that discharges wastewater into the sanitary sewer system of the Borough of Evans City shall be subject to surcharge fees for constituent concentrations in excess of the average influent values upon which the plant design is based. The constituents for which surcharges are applicable are biochemical oxygen demand, total suspended solids, oil and grease, ammonia-nitrogen and phosphorus. All users that discharge excess strength wastewater into the sanitary sewer system of the Borough of Evans City shall be subject to surcharge fees for each milligram per liter that exceeds the stated limits as indicated below:
(a) 
Any discharge having an average five-day biochemical oxygen demand (BOD) concentration greater than 250 parts per million (ppm), as measured by EPA Test Method 405.1, shall pay a surcharge equal to:
(BOD concentration in ppm - 250 ppm) X discharge flow rate in MGD X 8.34 X $0.32 = BOD surcharge fee in dollars.
(b) 
Any discharge having a total suspended solids (TSS) concentration greater than 250 ppm, as measured by EPA Test Method 160.2, shall pay a surcharge equal to:
(TSS concentration in ppm - 250 ppm) X discharge flow rate in MGD X 8.34 X $0.32 = total suspended solids surcharge fee in dollars.
(c) 
Any discharge having an oil and grease concentration in excess of 100 ppm, as measured by EPA Test Method 413.2, shall pay a surcharge equal to:
(Oil and grease concentration in ppm - 100 ppm) X discharge flow rate in MGD X 8.34 X $0.22 = oil and grease surcharge fee in dollars.
(d) 
Any discharge having an ammonia-nitrogen concentration in excess of 20 ppm, as measured by EPA Test Method 350.2, shall pay a surcharge equal to:
(Ammonia-nitrogen concentration in ppm - 20 ppm) X discharge flow rate in MGD X 8.34 X $0.10 = ammonia-nitrogen surcharge fee in dollars.
(e) 
Any discharge having a phosphorus concentration in excess of 10 ppm, as measured by EPA Test Method 365.1, shall pay a surcharge equal to:
(Phosphorus concentration in ppm - 10 ppm) X discharge flow rate in MGD X 8.34 X $0.11 = phosphorus surcharge fee in dollars.
(f) 
Surcharge fees will be assessed according to the users' average daily discharge flow rate to the sewerage system, unless recorded discharge flow rate information is provided to the Borough of Evans City by the discharger. Surcharge fees will be assessed in conjunction with monthly sewage billing fees.
E. 
Connecting or tapping fee and bond.
[Amended 6-6-1977 by Ord. No. 353; 3-5-1993 by Ord. No. 438; 11-6-1995 by Ord. No. 462; 1-17-2001 by Ord. No. 500]
(1) 
The connection or tapping fee and bond shall be as follows: $1,100 for each single residential user or commercial, industrial or public user, and shall be payable upon application for a connection permit, plus a bond of $1,000 from the property owner to indemnify the Borough against street subsidence or faulty replacement of surface. The bond shall be incorporated in the application for a permit.
(2) 
All owners of property who may hereafter connect with and use the sewers, sewer system and sewage treatment works as owned or leased by the Borough shall pay the above connecting fee and provide said bond.
F. 
Specific requirements regarding the content, pH level, temperature and volume of discharges into the system shall be as set forth in Article II, Wastewater System, of this chapter.
[Amended 8-1-1994 by Ord. No. 456]
Sewer charges shall be paid monthly in accordance with the rate schedule for sewer service as rendered by the Borough. However, during the first month that a residential, commercial, industrial or public user begins to discharge sewage into the sewage system, the charge shall be based on a per diem pro rata amount from the time such connection is made until the following monthly billing period. Monthly charges for sewage service shall be subject to a five-percent penalty if not paid within 10 days after due, the net bill plus penalty to bear interest at the rate of 1/2 of 1% per month or a fraction thereof until paid.
[Added 12-2-2013 by Ord. No. 558]
The Evans City Water and Sewer Authority may enter into contracts with collection/debt service agencies for the collection of unpaid invoices (delinquent debts) for sewer charges upon such terms and conditions as it deems reasonable.
Each sewer rental or charge imposed shall be a lien on the property served by the sewer system of the Borough, and such lien may be filed in the Office of the Prothonotary and collected in the manner provided by law for the filing and collection of municipal claims.
[Amended 8-1-1994 by Ord. No. 456]
The funds received by the Borough from the collection of charges or rentals herein provided shall be used only for the purpose of defraying the expenses of the Borough as approved by the Engineer(s) of the Borough, in the operation, maintenance, repair, alteration and inspection, depreciation and other expenses in relation to such sewer, sewage system and sewage treatment works and for such payments as the Borough may be required to make under any lease or agreement it may enter into or has heretofore entered into for such sewers, sewage system and sewage treatment works with the Municipal Authority of the Borough, in accordance with the provisions of the Act of May 2, 1945, P.L. 382, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 301 et seq.
If and when an industrial user begins to discharge into the sewage system or treatment works, the Borough agrees to develop and maintain a surcharge system in conformance with 40 CFR 35.935-13(b) and Appendix B to Part 35, subject to review by the Environmental Protection Agency.
[Amended 8-1-1994 by Ord. No. 456]
The Borough shall annually review the user charges under this article and shall revise them periodically, if necessary, to meet actual operation and maintenance expenses. The Borough shall maintain such records as are necessary to document compliance with all regulations of the Environmental Protection Agency.
[Amended 8-1-1994 by Ord. No. 456]
Whenever in this article any act is prohibited or is declared to be unlawful or the doing of an act is required or the failure to do an act is declared to be unlawful, the violation of any provision of this article shall be punishable by a fine of not more than $1,000 and, in default of payment of such fine, by imprisonment for not more than 30 days. Each day any violation continues shall constitute a separate offense. All fines and penalties imposed under this article shall be turned over to the Borough Treasurer to be used for general Borough purposes unless otherwise directed by statute or ordinance.
[Adopted 1-3-1989 by Ord. No. 407]
A. 
This Article sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for Evans City Borough and enables the Borough to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR, Part 403).
B. 
The objectives of this article are:
(1) 
To prevent the introduction of pollutants into the municipality wastewater system which will interfere with the operation of the system or contaminate the resulting sludge.
(2) 
To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system.
(3) 
To improve the opportunity to recycle and reclaim wastewaters and sludges from the system.
(4) 
To provide for equitable distribution of the costs of the municipal wastewater system.
C. 
This Article provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customers' capacity will not be preempted and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
D. 
This Article shall apply to the Borough of Evans City and to persons outside the Borough who are, by contract or agreement with the Borough, users of the Borough POTW. This Article is a supplement to Article I, Connection Required; Use Charges, of this chapter. Except as otherwise provided herein, the Superintendent of the Borough POTW shall administer, implement and enforce the provisions of this article.
A. 
Unless the context specifically indicates otherwise, the following terms and phrases, as used in this article shall have the meanings hereinafter designated:
ACT OR THE ACT
The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
APPROVAL AUTHORITY
The 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.
AUTHORIZED REPRESENTATION OF INDUSTRIAL USER
(1) 
A principal executive officer of at least the level of Vice President, if the industrial user is a corporation.
(2) 
A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively.
(3) 
A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation or organic matter under standard laboratory procedure, five days at 20° C. expressed in terms of weight and concentration [milligrams per liter (mg/l)].
BOROUGH
The Borough of Evans City, Butler County, Pennsylvania, or the Borough Council of Evans City.
BUILDING SEWER
A sewer conveying wastewater from the premises of a user to the POTW.
CATEGORICAL STANDARDS
National Categorical Pretreatment Standards or pretreatment standard.
CONTROL AUTHORITY
Refers to the "Approval Authority" defined hereinabove; or the Superintendent if the Borough has an approved pretreatment program under the provisions of 40 CFR 403.11.
COOLING WATER
The water discharged from any use such as air conditioning, cooling or refrigeration or to which the only pollutant added is heat.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Pennsylvania.
ENVIRONMENTAL PROTECTION AGENCY OR EPA
The United States Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said agency.
GRAB SAMPLE
A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
HOLDING TANK WASTE
Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum pump tank trucks.
INDIRECT DISCHARGE
The discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. § 1317) into the POTW (including holding tank waste discharged into the system).
INDUSTRIAL USER
A source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
INTERFERENCE
The inhibition or disruption of the POTW treatment processes or operations which contribute to a violation of any requirement of the Borough's NPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW 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), 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 POTW.
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 Act (33 U.S.C. § 1347) which applies to a specific category for industrial users.
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT
A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
NATIONAL PROHIBITIVE DISCHARGE STANDARD OR PROHIBITIVE DISCHARGE STANDARD
Any regulation developed under the authority of Section 307(b) of the Act and 40 CFR 403.5.
NEW SOURCE
Any source, the construction of which is commenced after the publication of proposed regulations prescribing a Section 307(c) (33 U.S.C. § 1317) Categorical Pretreatment Standard which will be applicable to such source, if such standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days after proposal, a "new source" means any source, the construction of which is commenced after the date of promulgation of the standard.
PERSON
Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity or any other legal entity or their legal representatives, agents or assigns. The masculine gender shall include the feminine. The singular shall include the plural where indicated by the context.
PH
The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged 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 REQUIREMENTS
Any substantive or procedural requirement related to pretreatment other than a National Pretreatment Standard imposed on an industrial user.
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 POTW. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes by other means, except as prohibited by 40 CFR 403.6(d).
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 Borough. 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 article, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the Borough who are, by contract or agreement with the Borough, users of the Borough's POTW.
SIGNIFICANT INDUSTRIAL USER
Any industrial user of the Borough's wastewater disposal system who has a discharge flow of 25,000 gallons or more per average work day; or has a flow greater than 5% of the flow in the Borough's wastewater treatment system; or has in his wastes toxic pollutants as defined pursuant to Section 307 of the Act of state statutes and rules; or is found by the Borough, state control agency or the United States Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality or air emissions generated by the system.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
STATE
The Commonwealth of Pennsylvania.
[Amended 8-1-1994 by Ord. No. 456]
STORMWATER
Any flow occurring during or following any form of natural precipitation and resulting therefrom.
SUPERINTENDENT
The person designated by the Borough to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this article or his duly authorized representative.
SUSPENDED SOLIDS
The total suspended matter that floats on the surface of or is suspended in water, wastewater or other liquids and which is removable by laboratory filtering.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of Clean Water Act Section 307(a) or other Acts.
USER
Any person who contributes, causes or permits the contribution of wastewater into the Borough's POTW.
WASTEWATER
The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together which may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
WASTEWATER CONTRIBUTION PERMIT
As set forth in § 142-31 of this article.
WATERS OF THE STATE
All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portion thereof.
B. 
"Shall" is mandatory. "May" is permissive.
The following abbreviations shall have the designated meanings:
BOD
Biochemical oxygen demand
CFR
Code of Federal Regulations
COD
Chemical oxygen demand
EPA
Environmental Protection Agency
l
Liter
mg
Milligrams
mg/l
Milligrams per liter
NPDES
National Pollutant Discharge Elimination System
POTW
Publicly owned treatment works
SIC
Standard Industrial Classification
SWDA
Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
USC
United States Code
TSS
Total suspended solids
TTO
Total toxic organics, which is the summation of all quantifiable values greater than 0.01 mg/l for all toxic organics as identified by 40 CFR § 413.02(i)
A. 
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 POTW. These general prohibitions apply to all such users of a POTW whether or not the user is subject to National Categorical Pretreatment Standards or requirements. A user may not contribute the following substances to any POTW:
(1) 
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 POTW or to the operation of the POTW. 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, 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 the EPA has notified the user is a fire hazard or a hazard to the system.
(2) 
Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, such as but not limited to grease, garbage with particles greater than one-half (1/2) inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass, clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes.
(3) 
Any wastewater having a pH less than six point zero (6.0) or greater than nine point zero (9.0), unless the POTW is specifically designed to accommodate such wastewater, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of the POTW.
(4) 
Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, to constitute a hazard to humans or animals, to create a toxin affecting the receiving waters of the POTW or to exceed the limitation set forth in a Categorical Pretreatment Standard. A toxic pollutant shall be identified pursuant to Section 307(a) of the Act.
(5) 
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.
(6) 
Any substance which may cause the POTW's effluent or any other product of the POTW 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 POTW cause the POTW to be in noncompliance with sludge use or disposal criteria guidelines or 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, the Toxic Substances Control Act or state criteria applicable to the sludge management method being used.
(7) 
Any substance which will cause the POTW to violate its NPDES and/or state disposal system permit or the receiving water quality standards.
(8) 
Any wastewater with objectionable color not removed in the treatment process, such as but not limited to dye wastes and vegetable tanning solutions.
(9) 
Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference but in no case wastewater with a temperature at the introduction into the POTW which exceeds 40° C. (104° .F) unless the POTW treatment plant is designed to accommodate such temperature.
(10) 
Any pollutants, including oxygen-demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentrations or qualities of pollutants that exceed, for any time period longer than 15 minutes, more than five times the average twenty-four-hour concentration, quantities or flow during normal operation.
(11) 
Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations.
(12) 
Any wastewater which causes a hazard to human life or creates a public nuisance.
(13) 
Any stormwater, whether from on site or off site in origin.
[Added 6-3-1996 by Ord. No. 466]
B. 
When the Superintendent determines that a user(s) is contributing to the POTW any of the above-enumerated substances in such amounts as to interfere with the operation of the POTW, the Superintendent shall advise the user(s) of the impact of the contribution on the POTW and develop effluent limitation(s) for such user to correct the interference with the POTW.
Upon the promulgation of the National Categorical Pretreatment Standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this article for sources in that category, shall immediately supersede the limitations imposed under this article. The Superintendent shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12.
Where the Borough's wastewater treatment system achieves consistent removal of pollutants limited by Federal Pretreatment Standards, the Borough may apply to the Approval Authority for modification of specific limits in the Federal Pretreatment Standards. "Consistent removal" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutants by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in 95% of the samples taken when measured according to the procedures set forth in Section 403.7(c)(2) 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 as provided in the Federal Pretreatment Standards if the requirements contained in 40 CFR, Part 403, Section 403.7, are fulfilled and prior approval from the Approval Authority is obtained.
No person shall discharge wastewater containing in excess of the following:
1 mg/l arsenic (total)
1 mg/l cadmium (total)
4.5 mg/l copper (total)
2 mg/l cyanide (total)
2 mg/l lead (total)
Less than 0.1 mg/l mercury (total)
3 mg/l nickel (total)
1 mg/l silver (total)
4 mg/l chromium (total)
4.5 mg/l zinc (total)
Less than 1 mg/l total toxic organics (TTO)
1 mg/l phenolic compounds which cannot be removed by the city's wastewater treatment processes
100 mg/l oil and grease
State requirements and limitations on discharge shall apply in any case where they are more stringent than federal requirements and limitations or those in this article.
The Borough reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 142-18 of this article.
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 treatment to achieve compliance with the limitations contained in the Federal Categorical Pretreatment Standards or in any other pollutant-specific limitation developed by the Borough or state.
A. 
Each industrial user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's 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. All existing industrial users shall complete such a plan by June 1, 1989. No industrial user who commences contribution to the POTW 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 POTW of the incident. The notification shall include location of the discharge, type of waste, concentration and volume and corrective actions.
B. 
Written notice. Within five days following an accidental discharge, the user shall submit to the Superintendent 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 POTW, 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.
C. 
Notice to employees. A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
A. 
Purpose. It is the purpose of this section to provide for the recovery of costs from users of the Borough's wastewater disposal system for the implementation of the program established herein. The applicable charges or fees shall be as set by the Borough Council on a case-by-case basis in order to cover engineering costs.
[Amended 8-1-1994 by Ord. No. 456]
B. 
Charges and fees.
(1) 
The Borough may adopt charges and fees which may include:
(a) 
Fees for reimbursement of costs of setting up and operating the Borough's pretreatment program.
(b) 
Fees for monitoring, inspections and surveillance procedures.
(c) 
Fees for reviewing accidental discharge procedures and construction.
(d) 
Fees for permit applications.
(e) 
Fees for filing appeals.
(f) 
Fees for consistent removal by the Borough of pollutants otherwise subject to Federal Pretreatment Standards.
(g) 
Other fees as the Borough may deem necessary to carry out the requirements contained herein.
(2) 
These fees relate solely to the matters covered by this article and are separate from all other fees chargeable by the Borough.
It shall be unlawful to discharge without a Borough permit to any natural outlet within the Borough of Evans City or in any area under the jurisdiction of said Borough and/or to the POTW any wastewater, except as authorized by the Superintendent in accordance with the provisions of this article.
All significant industrial users proposing to connect to or to contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. All existing significant industrial users connected to or contributing to the POTW shall obtain a wastewater contribution permit within 180 days after the effective date of this article.
A. 
Users required to obtain a wastewater contribution permit shall complete and file with the Borough an application in the form prescribed by the Borough and accompanied by a fee prescribed by the Borough Council. Existing users shall apply for a wastewater contribution permit within 30 days after the effective date of this article, and proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
(1) 
Name, address and location (if different from the address).
(2) 
SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972 as amended.
(3) 
Wastewater constituents and characteristics, including but not limited to those mentioned in §§ 142-21 through 142-28 of this article 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.
(4) 
Time and duration of contribution.
(5) 
Average daily and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any.
(6) 
Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation.
(7) 
Description of activities, facilities and plan processes on the premises, including all materials which are or could be discharged.
(8) 
Where known, the nature and concentration of any pollutants in the discharge which are limited by any Borough, state or Federal 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.
(9) 
If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment.
(a) 
The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.
(b) 
The following conditions apply to this schedule:
[1] 
The schedule shall contain increments of progress in the form of dates for 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 increment referred to in Subsection A(9)(b)[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 Superintendent, including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Superintendent.
(10) 
Each product produced by type, amount, process or processes and rate of production.
(11) 
Type and amount of raw materials processed (average and maximum per day).
(12) 
Number and type of employees and hours of operation of plan and proposed or actual hours of operation of pretreatment system.
(13) 
Any other information as may be deemed by the Borough to be necessary to evaluate the permit application.
B. 
The Borough will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Borough may issue a wastewater contribution permit subject to terms and conditions provided herein.
Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a wastewater contribution permit as required by § 142-32, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing wastewater contribution permit shall submit to the Superintendent within 180 days after the promulgation of an applicable Federal Categorical Pretreatment Standard the information required by § 142-32A(8) and (9).
Wastewater 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. Permits may contain the following:
A. 
The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer.
B. 
Limits on the average and maximum wastewater constituents and characteristics.
C. 
Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.
D. 
Requirements for installation and maintenance of inspection and sampling facilities.
E. 
Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule.
F. 
Compliance schedules.
G. 
Requirements for submission of technical reports or discharge reports (see § 142-37).
H. 
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Borough and affording Borough access thereto.
I. 
Requirements for notification of the Borough or any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system.
J. 
Requirements for notification of slug discharges as per § 142-43.
K. 
Other condition as deemed appropriate by the Borough to ensure compliance with this article.
[Amended 8-1-1994 by Ord. No. 456]
Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. 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 §§ 142-21 through 142-28 are modified or other just cause exists. The user shall be informed of any proposed changes in this 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.
Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the Borough. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
A. 
Compliance date report. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the Superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis, and if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user and certified to by a qualified professional.
B. 
Periodic compliance reports.
(1) 
Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Superintendent during the months of June and December, unless required more frequently in the pretreatment standard or by the Superintendent, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment Standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in § 142-32A(5) of this article. At the discretion of the Superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Superintendent may agree to alter the months during which the above reports are to be submitted.
[Amended 8-1-1994 by Ord. No. 456]
(2) 
The Superintendent may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection B(1) of this subsection shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration or production and mass where requested by the Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator. 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, or with any other sampling and analytical procedures approved by the Administrator.
A. 
The Borough shall require to be provided and operated, at the user's own expense, monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility 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.
B. 
There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expenses of the user.
C. 
Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with Borough requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the Borough.
The Borough shall inspect the facilities of any user to ascertain whether the purpose of this Borough is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Borough or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of its duties. The Borough, Approval Authority and (where the NPDES state is the Approval Authority) EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the Borough, Approval Authority and EPA will be permitted to enter without delay for the purposes of performing their specific responsibilities.
A. 
Users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all 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 expenses. Detailed plans showing the pretreatment facilities and operation procedures shall be submitted to the Borough for review and shall be acceptable to the Borough before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Borough under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Borough prior to the user's initiation of the changes.
B. 
The Borough shall annually publish in a newspaper of general circulation in the Borough a list of the users which were not in compliance with any pretreatment requirements or standards at least once during the 12 previous months. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months.
C. 
All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or Approval Authority upon request.
A. 
Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Borough that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. 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 the 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.
B. 
Information accepted by the Borough as confidential shall not be transmitted to any governmental agency or to the general public by the Borough unless and until and a ten-day notification is given to the user.
A. 
The Borough may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of the Borough, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment or causes interference to the POTW or causes the Borough to violate any conditions of its NPDES permit.
B. 
Any person notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. 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 POTW system or endangerment to any individuals. The Borough shall reinstate the wastewater contribution permit and/or the wastewater treatment service upon discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Borough within 15 days of the date of occurrence.
Any user who violates the following conditions of this article or applicable state and federal regulations is subject to having his permit revoked in accordance with the procedures of §§ 142-42 through 142-46 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 the 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 permit.
Whenever the Borough finds that any user has violated or is violating this article, wastewater contribution 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. 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.
A. 
The Borough may order any user who causes or allows an unauthorized discharge to enter the POTW 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 of a hearing to be held by the Borough Council regarding the violation, the reasons why the action is to be taken and 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. 
The Borough Council may itself conduct the hearing and take the evidence or may designate any of its members or any officer or employee of the Borough to:
[Amended 8-1-1994 by Ord. No. 456]
(1) 
Issue in the name of the Borough Council notices of the hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearing.
(2) 
Take the evidence.
(3) 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Borough Council for action thereon.
C. 
At any hearing held pursuant to this article, 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.
D. 
After the Borough Council 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 properly operated. Further orders and directives as are necessary and appropriate may be issued.
If any person discharges sewage, industrial wastes or other wastes into the Borough's wastewater disposal system contrary to the provisions of this article, Federal or State Pretreatment Requirements or any order of the Borough, the Borough Attorney may commence an action for appropriate legal and/or equitable relief in the Court of Common Pleas of this county.
[Amended 8-1-1994 by Ord. No. 456]
Any user who is found to have violated any provision of this article shall be fined not less than $100 nor more than $1,000 for each offense and, in default of payment of such fine, shall be imprisoned for not more than 30 days. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the Borough may recover reasonable attorney'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.