1. This chapter sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the Town of Berlin and enables the Town 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), whether said contributors are located within the corporate limits or outside the Town’s jurisdiction.
2. Upon adoption of this chapter, the following chapters of the Berlin Code are repealed: Chapter 84, Sewage Systems, Individual; Chapter 86, Sewers.
3. The objectives of this chapter are to:
1. Prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the collection or treatment system or contaminate the resulting sludge.
2. 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. Improve the opportunity to recycle and reclaim wastewaters and sludges from the system.
4. Provide for equitable distribution of the cost of the municipal wastewater system.
4. This chapter 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.
5. This chapter shall apply to all users within the Town of Berlin and to persons outside the Town who are, by contract or agreement with the Town, users of the Town’s POTW. Except as otherwise provided herein, the Mayor and Council shall administer, implement and enforce the provisions of this chapter. Certain powers granted to or duties imposed upon the Mayor and Council may be delegated by the Mayor and Council to the Sewer Inspector. The powers of the Sewer Inspector shall include but not be limited to supervision of enforcement and carrying out the provisions of this chapter, subject at all times to instructions and directions of the Mayor and Council.
6. No provision contained in this chapter shall be deemed to prevent any special agreement or arrangement between the Town and any person whereby wastewater of unusual strength or characteristic may be accepted by the Town for treatment which will not violate or cause the Town and/or the user to violate federal or state pretreatment requirements or standards or to violate discharge standards and which will not be harmful to the system.

1. Definitions. Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, 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 or the Administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program.
AUTHORIZED REPRESENTATIVE —

1. A responsible corporate officer, such as a president, secretary, treasurer or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or the manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
2. A general partner or proprietor if the industrial user is a partnership or sole proprietorship, respectively.
3. A duly authorized representative of the individual designated in Subsection (1) or (2) above if:

a.  The authorization is made in writing by the individual described in Subsection (1) or (2);
b.   The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and
c.  The written authorization is submitted to the control authority.

4. If authorization under Subsection (3) is no longer accurate because a different individual or position has responsibility, a new authorization must be submitted to the POTW prior to or together with any reports to be signed by an authorized representative.

BIOCHEMICAL OXYGEN DEMAND (BOD) — The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20° C. expressed in terms of weight and concentration [milligrams per liter (mg/l)].
BUILDING SEWER — A sewer conveying wastewater from the premises of a user to the connection with the POTW.
BYPASS — The intentional diversion of waste streams from any portion of an industrial user’s treatment facility.
CATEGORICAL STANDARDS — National Categorical Pretreatment Standards or pretreatment standard.
COLOR — The optical density at the visual wave length of maximum absorption, relative to distilled water. 100% transmission is equivalent to 0.0 optical density.
COMPOSITE SAMPLE — The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.
COOLING WATER — The water discharged from any use, such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
CONTROL AUTHORITY — Refers to the Mayor and Council of Berlin or their duly appointed representatives.
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 OR DISCHARGE — The discharge or the introduction of nondomestic pollutants from any source into the POTW.
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).
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT — The maximum concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
INTERFERENCE — A discharge which alone or in conjunction with a discharge or discharges from other sources, both:

1. Inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and
2. Therefore is a cause of a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) [including Title II, more commonly referred to as the "Resource Conservation and Recovery Act" (RCRA) and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA], the Clean Air Act, the Toxic Substances Control Act and the Marine Protection, Research and Sanctuaries Act.

MAXIMUM ALLOWABLE COMPOSITE CONCENTRATION — The maximum concentration (or loading) of a pollutant allowed to be discharged determined from a composited sample.
MEDICAL WASTE — Isolation wastes, infectious agents, human blood and blood by-products, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding and dialysis wastes.
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 of the 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 307(b) of the Act and 40 CFR 403.5. These prohibitions appear in Article II of this chapter.
NEW SOURCE —

1. Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
1. The building, structure, facility or installation is constructed at a site at which no other source is located; or
2. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at any existing source; or
3. The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same time. In determining whether these are substantially independent, factors, such as the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.
2. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection (1)(b) or (c) of this definition but otherwise alters, replaces or adds to existing process or production equipment.
3. Construction of a new source as defined under this subsection has commenced if the owner/operator has:
1. Begun or caused to begin as part of a continuous on-site construction program any placement, assembly or installation of facilities or equipment; or significant site preparation work, including clearing, excavation or removal of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of new-source facilities or equipment; or
2. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this subsection.

OIL AND GREASE — A measure of biological lipids, mineral hydrocarbons and any other substance soluble in trichlorotrifluorethane.
PASS-THROUGH — A discharge which exits the POTW into waters of the United States in quantities or concentrations which, along or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation).
PERSON — Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine; 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.
POLLUTION — The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
POLLUTANT — Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.
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 a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes or other means, except as prohibited by 40 CFR 403.6(d).
PRETREATMENT REQUIREMENTS — Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
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 Town. This definition includes any sewers that convey wastewater to the "POTW" treatment plant. For the purposes of this chapter, "POTW" shall also include any sewers that convey wastewaters to the "POTW" from persons outside the Town who are, by contract or agreement with the Town, users of the Town’s "POTW."
POTW TREATMENT PLANT — That portion of the POTW designed to provide treatment to wastewater.
RESIDENTIAL USER — A resident or dwelling or group of dwellings where all wastes are generated from a domestic source, including toilets, bathtubs, sinks and laundry and does not include any commercial, industrial or toxic wastes.
SEPTIC TANK WASTE OR SEPTAGE — Any sewage from holding tanks, such as vessels, chemical toilets, campers, trailers and septic tanks.
SEVERE PROPERTY DAMAGE — Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. "Severe property damage" does not mean economic loss caused by delays in production.
SEWAGE — Human excrement and gray water (household showers, dishwashing operations, etc.).
SIGNIFICANT INDUSTRIAL USER —

1. Any industrial user who:
1. Is subject to national categorical standards, or
2. Discharges an average of 25,000 gallons per day or more of process wastewater (excluding sanitary, cooling and boiler blowdown wastewater), or
3. Contributes a process waste stream that makes up 5% or more of the hydraulic or organic capacity of the POTW, or
4. Is found by the Town, state or EPA to have significant impact, either singly or in combination with other contributing industries, to the POTW, the quality of the sludge, the POTW’s effluent quality or air emissions generated by the system.
5. Upon a finding that an industrial user meeting the above criteria of this definition has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the Town may at any time, on its own initiative or in response to a petition received from an industrial user and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.

SLUG LOAD — Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Article II of this chapter or any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge.
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.
STANDARD METHODS — The latest edition, at the time of analysis, of Standard Methods for the Examination of Water and Wastewater, as prepared, approved and published jointly by the American Public Health Association, the American Water Work Association and the Water Pollution Control Federation.
STATE — State of Maryland.
STORMWATER — Any flow occurring during or following any form of natural precipitation and resulting therefrom.
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.
TOWN — The Town of Berlin, Maryland, or the Town Council of Berlin, Maryland, and its authorized representatives.
TOXIC POLLUTANT — One of the 126 pollutants, or combination of those pollutants, listed as toxic in regulations promulgated by the EPA under the provision of Section 307 (33 U.S.C. § 1317) of the Act.
USER — Any person who contributes, causes or permits the contribution of wastewater into the Town’s POTW.
WASTEWATER — The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with such other components as may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
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.

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
TKS - Total Kjeldahl nitrogen

1. No building sewers or sewer hookups shall be constructed without first obtaining a plumbing permit from the Worcester County Sanitary Commission and a sewer permit from the Town of Berlin.
2. Application for a sewer permit shall be made on a form prescribed by the Town. The Town may require the submission of plans and specifications showing the proposed construction. Such application, after proper submittal, shall be reviewed and either approved or denied by the Town within 30 days. Incomplete submittals will be returned to the applicant for completion.
3. The drainage piping of lots and buildings of separate ownership must be separate from that of other owners and shall be separately connected to the public sewer unless otherwise approved by the Town.
4. The user shall install at his own expense such length or quantity of building sewer as is necessary to meet the connection point with the public sewer as determined by the Town. Construction shall be in accordance with the current edition of Design Parameters, Standard Specifications and Details for Installation of Water and Sewer Utilities and Road Construction Projects, adopted by the Mayor and Council which may be revised from time to time.
5. It shall be unlawful for any person to cut, break into, excavate or open any rights-of-ways, streets, sidewalks or highways in the Town of Berlin, for the purpose of connecting a building drain to the public sewer without first obtaining permission from the proper authorities. In the case of state rights-of-way, permission shall be obtained from the Maryland State Highway Administration. In the case of county streets, permission shall be obtained from the Worcester County Highway Department. In the case of municipal streets, permission shall be obtained from the Mayor and Council. Permission shall be by written permit from the appropriate authority.
6. Privy vaults, septic tanks and cesspools.
1. No privy vault, septic tank or cesspool for sewage shall hereafter be constructed in any part of the Town where a public sewer is at all accessible nor shall it be lawful to continue a privy vault, septic tank or cesspool on any lot, piece or parcel of ground abutting on or contiguous to any public sewer within the Town limits for a period longer than one year from the completion of the sewer system unless otherwise specified in the terms and conditions of an annexation agreement or resolution. Special arrangements for sewer hookups may be made in accordance with Article 23A, § 19(o) of the Annotated Code of Maryland.
2. No connection from any cesspool, septic tank or privy vault shall be made with any sewer nor, under such circumstances, shall any water closet or house drain empty into a cesspool, septic tank or privy vault. All discontinued privy vaults, septic tanks and open cesspools shall be cleaned or filled up within three months from the date of such discontinuance and in accordance with Worcester County Standards and Specifications.
7. The Mayor and Council or their duly authorized representatives shall have the right of entry in accordance with the Berlin Charter, Article X, § C10-10, for access to any sewer or source of discharge contributing to the POTW upon private property to carry out the provisions of this chapter.

1. 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 any other national, state or local pretreatment standards or requirements. A use may not contribute the following substances to any POTW:
1. Pollutants which create a fire or explosion hazard in the POTW, including but not limited to waste streams with a closed-cup flash point of less than 140° F. or 60° C. using the test methods specified in 40 CFR 261.21.
2. Petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin in amounts that will cause interference or pass-through.
3. Any pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems.
4. 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 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, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes.
5. Any wastewater having a pH less than 6.5 or greater than 8.5, 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.
6. Any wastewater containing pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW or to exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) or the Act.
7. Any noxious or malodorous liquids, gases or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.
8. 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; 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.
9. Any substance which will cause the POTW to violate its NPDES and/or state disposal system permit or the receiving water quality standards.
10. Any wastewater with objectionable color not removed in the treatment process, such as but not limited to dye wastes and vegetable tanning solutions.
11. 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.
12. Any slug load, release rate of pollutants, or concentration of pollutants, including oxygen demanding pollutants, either singly or by interaction with other pollutants or waste streams, which may cause interference with any wastewater treatment process, constitute a hazard to humans or animals, contaminate the sludge, pass through the treatment plant to receiving waters or could result in a violation of the Town’s NPDES permit.
13. Any trucked or hauled pollutants, except at discharge points designated by POTW.
14. Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Town in compliance with applicable state or federal regulations.
15. Any wastewater which causes a hazard to human life or creates a public nuisance.
16. Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water and unpolluted industrial wastewater, unless specifically authorized by the Commissioners.
17. Any sludges, screenings or other residues from the pretreatment of industrial wastes except as allowed by permit.
18. Any medical wastes, except as specifically authorized by the Commissioners in a wastewater discharge permit.
19. Any wastewater causing the treatment plant’s effluent to fail a toxicity test.
20. Any wastes containing detergents, surface-active agents or other substances which may cause excessive foaming in the POTW.
21. Hazardous waste discharges as defined by 40 CFR, Part 261.
2. Bypassing pollutants which exceed pretreatment standards is prohibited.

1. Three hundred fifty mg/l biochemical oxygen demand.
2. Three hundred fifty mg/l suspended solids.
3. One hundred mg/l grease and oil.
4. Fifty mg/l TKN.
5. Ten mg/l total phosphate as P.

1. Whenever deemed necessary, the Town may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams and such other conditions as may be necessary to protect the POTW and determine the user’s compliance with the requirements of this chapter.
2. Each person discharging into the POTW greater than 25,000 gallons per day or greater than 5% of the average daily flow in the POTW, whichever is lesser, may be required, at the Town’s discretion, to install and maintain, on his property and at his expense, a suitable storage and flow control facility to ensure equalization of flow over a period of time determined by the Town. The facility shall have a capacity approved by the Town and shall be equipped with a discharge controller, the regulation of which shall be directed by the Town. A wastewater discharge permit may be issued solely for flow equalization, or flow equalization provisions may be included in wastewater discharge permits.
3. Grease, oil and sand interceptors shall be provided when, in the opinion of the Town, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil or sand, except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the Town and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned and repaired regularly, as needed, by the owner at his expense.
4. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas-detection meter.
5. At no time shall readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, be more than the lower explosive limit (LEL) of the meter for the substance discharged.
6. Pretreatment facilities shall be operated by trained and competent personnel having met all the certification requirements for wastewater treatment plant operators as required by the State of Maryland for a POTW.

1. All persons, firms and corporations using the facilities of the sanitary sewage system shall pay a charge for the use thereof at a rate as set by resolution by the Mayor and Council of the Town passed during an open public meeting and shall pay such charge as from time to time may be changed by the said Mayor and Council at a public meeting.
2. A readiness-to-serve charge shall be levied on the owners of all lots or parcels of land (improved or unimproved) located within the corporate limits of the Town of Berlin for which wastewater service is available but not being used. Such charge shall be set by a resolution of the Mayor and Council and may be amended from time to time. [Amended 5-27-2003 by Ord. No. 2003-7; 6-26-2003 by Ord. No. 2003-12]
3. All persons, firms and corporations (except an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code) located outside the corporate limits of the Town of Berlin which use the facilities of the sanitary sewage system shall pay a charge for the use thereof at twice the rate established pursuant to Subsection A of this section. All organizations exempt from taxation under Section 501(c)(3) of the Internal Revenue Code located outside the corporate limits of the Town of Berlin which use the facilities of the sanitary sewage system shall pay a charge for the use thereof at the normal rates established pursuant to Subsection A of this section. [Amended 11-25-1996 by Ord. No. 1996-9]

1. A hookup charge for a permit to hook into the sanitary sewer system of the Town of Berlin shall be assessed in such amounts as from time to time may be established by the Mayor and Council by resolution duly enacted at an open meeting of said Mayor and Council.
2. Any hookup charge for a permit to hook onto the sanitary sewer system of the Town of Berlin outside the corporate limits of the Town shall be assessed in such amounts as established by the Mayor and Council for such extraterritorial sewer hookup.

1. The Town may adopt charges and fees which may include:
1. Fees for reimbursement of costs of setting up and operating the Town’s pretreatment program.
2. Fees for monitoring, inspections and surveillance procedures.
3. Fees for reviewing accidental discharge procedures and construction.
4. Fees for permit applications.
5. Fees for filing appeals.
6. Other fees as the Town may deem necessary to carry out the requirements contained herein.
2. These fees relate solely to the matters covered by this chapter and are separate from all other fees.

1. All sewer bills, service charges, miscellaneous repair charges, etc., in connection with that service shall be levied against the property served. Failure to give or receive any notice required by this section shall not relieve any property owner of the responsibility to pay any and all bills levied on his property.
2. All unpaid sewer charges shall become a lien and shall be assessed as a tax on the property to which the sewer service has been supplied and for which the service was incurred. The Town of Berlin shall not approve the transfer or conveyance of any property or premises if the records of the municipality indicate that a sewer charge remains unpaid. Pursuant to the authority granted by Subsection (17), Liens, of § 2 of Article 23A of the Annotated Code of Maryland (1973 Replacement Volume, 1978 Cumulative Supplement, as amended) and pursuant to the authority granted and contained in Article X of the Charter of the Town of Berlin, Maryland, any such unpaid sewer charges shall be collectible in the same manner as municipal taxes are collected. The provisions relating to tax sales contained in §§ 70 through 123C through 126 of Article 81, of the Annotated Code of Maryland (1975 Replacement Volume, 1978 Cumulative Supplement, as amended)1 shall apply to said sewer taxes and charges. If a bill or statement for sewer charges is not paid within 30 days of the date such a bill or statement is deposited in the public mail, addressed to the owner of the premises served at the address shown in the tax records of the Town of Berlin, then the premises may be sold for such unpaid charges as provided in Article 81.2

1. The Town may 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 at the user’s facilities.
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 Town’s requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the Town. Residential users are exempt from the requirements of this subsection.

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 any other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Town that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
2. 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 chapter, the National Pollutant Discharge Elimination System (NPDES) permit, state disposal system permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any agency in judicial review or enforcement proceedings involving the person furnishing the report.
3. Wastewater constituents and characteristics will not be recognized as confidential. Information accepted by the Town as confidential shall not be transmitted to the general public by the Town without a ten-day notification period being given to the user.

1. General requirements. All significant 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. The Mayor and Council may require other users, including liquid waste haulers, to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter. Residential users shall be exempt from permit requirements.
2. Permit application.
1. Users required to obtain a wastewater discharge permit shall complete and file with the Town an application on a form prescribed by the Town. Proposed new users shall apply at least 90 days prior to any proposed contribution 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 mailing 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 Article II of this chapter as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended.
4. Time and duration of contribution.
5. Average daily and three-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 connection and appurtenances by the size, location and elevation.
7. Description of activities, facilities and plant 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 town, 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. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:
1. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g.,hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).
2. 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 Mayor and Council, including, as a minimum, whether or not it complied with the increment of progress, the reason for delay and the steps being taken by the user to return the construction to the schedule established.
10. Each product produced or handled by type, amount, process or processes and rate of production.
11. Type and amount of raw materials processed or handled (average and maximum per day).
12. Number and type of employees and hours of operation of the plant and proposed or actual hours of operation of the pretreatment system.
13. Any other information as may be deemed by the Town to be necessary to evaluate the permit application.
14. All wastewater discharge permit applications must contain the following certification statement and be signed by an authorized representative of the user. "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
2. The Town will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of data furnished, the Town may issue a wastewater discharge permit subject to terms and conditions provided herein.
3. Permit modifications. The terms and conditions of the permit may be subject to modification by the Town during the term of the permit as limitations or requirements as identified in Article II are modified or other just cause exists. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater discharge 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 discharge permit, the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing wastewater discharge permit shall submit to the Mayor and Council within 90 days after the promulgation of an applicable Federal Categorical Pretreatment Standard the information required by Subsections (h) and (i) of § 86-26B(1).
4. Permit conditions.
1. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the Town. Permits shall contain the following:
1. Effective and expiration dates.
2. Statement of nontransferability.
3. Effluent limitations based on applicable general pretreatment standards, categorical pretreatment standards, local limits and/or state and local law.
4. Self-monitoring, sampling, reporting, notification and recordkeeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency, and same type, based on the applicable general pretreatment standards, categorical pretreatment standards, local limits and/or state and local law.
5. Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements and any applicable compliance schedule. Such schedule may not extend the compliance date beyond applicable federal deadlines.
2. Permits may contain the following:
1. The unit charge or schedule of user charges and fees for the wastewater to be discharged.
2. Pretreatment operator certification requirements.
3. Other conditions as deemed appropriate by the Town to ensure compliance with all applicable pretreatment standards and requirements.
5. Permits duration. Permits shall be issued for a specified time period, not to exceed five years. Users shall apply for a new permit at least 90 days prior to the expiration of the user’s existing permit.
6. Permit transfer. 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 prior written approval of the Town.
7. Reporting requirements for permittee. Upon request of the Town, a user may be required to submit plans, reports, questionnaires, notices or analytical data to evaluate waste discharge characteristics and ensure compliance with this chapter. These may include baseline monitoring reports, compliance reports, periodic self-monitoring reports, compliance schedule progress reports, violation reports and notice of slug loadings, upset, bypass or any other reporting requirements specified in 40 CFR 403.12. Reports shall include but not be limited to information on flows, pollutant concentrations, spills, etc. All permittees shall provide a certification statement with each report as required by 40 CFR 403.12(l) which reads as follows:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
1. Problem discharges and notification. All permittees shall immediately notify the POTW of all discharges that could cause problems to the POTW, including any slug loadings that would violate any of the specific prohibition of 40 CFR, Part 403.5(b).
2. Sampling results and notification of violation.
1. All analyses, including sampling techniques, submitted in support of any application, report, evidence or required by any permit or order shall be performed in accordance with 40 CFR, Part 136. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the administrator (as defined in 40 CFR, Part 136) determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other persons, approved by the administrator.
2. If sampling performed by a permittee indicates a violation, the user shall notify the Town within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Town within one week after becoming aware of the violation, except that the user is not required to resample if the Town performs sampling at the user at a frequency of at least once per week, or the Town performs sampling at the user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.
3. Signatory requirements. All applications, reports, certification statements or any other information requested by the Town shall be signed by an authorized representative of the user.
4. Self-monitoring reports. All permittees shall submit to the Town periodic compliance reports at a frequency specified in the permit but at least twice yearly. These reports shall be due on the dates specified in the wastewater discharge permit. All reports shall be signed by an authorized representative of the user. In addition, other users of the POTW may be required to submit reports as specified by the Town.
5. Records.
1. Users shall retain and make available upon request of an authorized representative of the Town, the state or the EPA all records required to be collected by the user pursuant to this chapter.
2. These records shall remain available for a period of at least three years after their collection. This period shall be extended during any litigation concerning compliance with this chapter or permit conditions.
6. New or increased contributions. All permittees shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p).
7. Wastewater discharge permit appeals. Any person, including the industrial user, may petition the Town to reconsider the terms of a wastewater discharge permit within 30 days of its issuance.
1. Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
2. In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
3. The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
4. If the Town fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit or not to modify a wastewater discharge permit shall be considered final administrative action for the purposes of judicial review.
5. Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Worcester County Circuit Court within 30 days. Such an appeal shall be governed by Subtitle B of the Maryland Rules of Procedure.

1. Bypass provisions.
1. Industrial users shall comply with notification and prohibitions defined herein.
2. An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of Subsection A(2)(a) and (b) of this section.
1. Notice.
1. If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the control authority, if possible, at least 10 days before the date of the bypass.
2. An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the control authority within 24 hours from the time the industrial user becomes aware of the bypass. A written submission shall also be provided within five days of the time the industrial user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times; and if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass. The control authority may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
2. Prohibition of bypass.
1. Bypass is prohibited, and the control authority may take enforcement action against an industrial user for a bypass unless:
1. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
2. There were not feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and
1. The industrial user submitted notices as required under Subsection A(2)(a) of this section.
2. The control authority may approve an anticipated bypass, after considering its adverse effects, if the control authority determines that it will meet the three conditions listed in Subsection A(2)(b)[1] of this section.
2. Upset provisions.
1. An upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance or careless or improper operation.
2. An upset can be used as an affirmative defense to an action brought for noncompliance with categorical pretreatment standards, provided that the industrial user meets certain conditions. An industrial user who wishes to establish the affirmative defense of upset must demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that:
1. An upset occurred and the industrial user can identify the cause or causes.
2. The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures.
3. The industrial user has submitted the following information to the Town within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must follow within five days): a description of the indirect discharge and cause of noncompliance; the period of noncompliance, including exact dates and times, or if not corrected, the anticipated time the noncompliance is expected to continue; steps being taken or planned to reduce, eliminate and prevent recurrence of the noncompliance.
4. In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.
5. Industrial users will have the opportunity for judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.
6. The industrial user shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.
3. Hazardous waste discharge. Industrial users shall notify the Town, state hazardous waste authority and the EPA Regional Waste Management Division Director in writing of any discharge to the POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR, Part 261. Notification shall be as follows per 40 CFR 403.12(p):
1. The industrial user shall notify the POTW, the EPA Regional Waste Management Division Director and state hazardous waste authorities in writing of any discharge into the POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR, Part 261.
2. (2) Such notification must include the name of the hazardous waste as set forth in 40 CFR, Part 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other).
3. If the industrial user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user:
1. An identification of the hazardous constituents contained in the wastes.
2. An estimation of the mass and concentration of such constituents in the waste stream expected to be discharge during the following 12 months.
4. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under 40 CFR 403.12(j).
5. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of 40 CFR 403.12(b), (d) and (e).

1. Description of discharge practices, including nonroutine batch discharges.
2. Description of stored chemicals.
3. Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the prohibited discharges in Article II of this chapter.
4. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include but are not limited to inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents) and/or measures and equipment for emergency response.

1. The Town may suspend the wastewater treatment service and/or a wastewater discharge permit when such suspension is necessary, in the opinion of the Town, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, causes interference to the POTW or causes the Town to violate any condition of it NPDES permit.
2. Any person notified of a suspension of the wastewater treatment service and/or the wastewater discharge 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 Town shall take such steps as deemed necessary, including injunctive relief as defined herein, to prevent or minimize damage to the POTW system or endangerment to any individuals. The Town shall reinstate the wastewater 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 contribution and the measures taken to prevent any future occurrence shall be submitted to the Town within 15 days of the date of occurrence.

1. In general. The Town may bring an action for an injunction against any person who violates any provision of this chapter or any rule, regulation, order or permit adopted or issued under this chapter.
2. Findings. In any action for an injunction under this section, any finding of the Town after hearing is prima facie evidence of each fact the Town determines.
3. Grounds. On a showing that any person is violating or is about to violate this chapter or any rule, regulation, order or permit adopted or issued by the Town, the court shall grant an injunction without requiring a showing of a lack of an adequate remedy at law.
4. Emergency. If an emergency arises due to imminent danger to the public health or welfare or imminent danger to the environment, the Town may sue for an immediate injunction to stop any pollution or other activity that is causing the danger.

1. Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter.
2. Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC equals 1.4 for BOD, TSS, fats, oil and grease and 1.2 for all other pollutants except pH).
3. Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the control authority determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public).
4. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW’s exercise of its emergency authority under 40 CFR 403.8(f)(l)(vi)(B) to halt or prevent such a discharge.
5. Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction or attaining final compliance.
6. Failure to provide, within 30 days after the due date, required reports, such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules.
7. Failure to accurately report noncompliance.
8. Any other violation or group of violations which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.

1. Failure of a user to factually report the wastewater constituents and characteristics of his discharge;
2. Failure of a user to report significant changes in operations or wastewater constituents and characteristics;
3. Refusal of reasonable access to the user’s premises for the purpose of inspection or monitoring; or
4. Violation of conditions of the permit.

1. Any user who is found with gross negligence to have violated an order of the Town Council or who willfully fails to comply with any provision of this chapter, and the orders, rules, regulations and permits issued hereunder, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or imprisoned for a period of not more than six months. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. If sampling indicates a violation of discharge limitations, each day thereafter constitutes a separate violation until resampling indicates compliance.
2. In addition to the penalties provided herein, the Town may recover reasonable attorneys’ fees, court costs, court reporter’s fees and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter or the orders, rules, regulations and permits issued hereunder.