Township of Uwchlan, PA Industrial Users

Words in the present tense include the future. The singular number includes the plural number. The plural number includes the singular number. The word "shall" is mandatory, while the word "may" is permissive.

As used in this article, the following terms shall have the meanings indicated:

ACT

The Federal Water Pollution Control Act, as amended, also known as the "Clean Water Act."

APPROVAL AUTHORITY

The Administrator or the Regional Administrator of EPA.

AUTHORITY

The Uwchlan Township Municipal Authority.

AUTHORIZED REPRESENTATIVE OF USER

An authorized representative of a user is:

(1)

A principal executive officer of at least the level of vice president, if the user is a corporation;

(2)

A general partner or proprietor if the user is a partnership or proprietorship, respectively;

(3)

A principal executive officer or a person having responsibility for the overall operation of the user's facility if the user is a governmental agency, unincorporated organization, or other similar entity;

(4)

A duly authorized representative of the individual designated in (1) through (3) above, if:

(a)

The authorization is made in writing by the individual described in (1) or (2);

(b)

The authorization specifies either an individual or a position having overall responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and

(c)

The written authorization is submitted to DARA.

AVERAGE DAILY FLOW

The wastewater discharge volume from the most recent calendar quarter divided by the number of calendar days in that quarter.

BEST MANAGEMENT PRACTICES or BMPS

Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR Section 403.5(a)(1) and (b). BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

BIOCHEMICAL OXYGEN DEMAND (BOD₅)

The quantity of oxygen, expressed in milligrams per liter (mg/l), utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C. The standard laboratory procedure shall be found in the latest edition of "Standard Methods for the Examination of Water and Sewage" published by the American Public Health Association.

[Amended 12-14-2021 by Ord. No. 2021-05]

BUILDING DRAIN

The building wastewater drainage pipes and fittings inside of the building and extending 30 inches in developed length of pipe beyond the exterior walls of the building and conveys the drainage to the building sewer and lateral.

[Added 12-14-2021 by Ord. No. 2021-05]

BYPASS

The intentional diversion of waste streams from any portion of an industrial user's facility for pretreatment.

CATEGORICAL INDUSTRY

Any industry subject to pretreatment standards as specified in 40 CFR Chapter I, Subchapter N, establishing quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced to a treatment plant by existing or new industrial users in specific industrial subcategories.

CATEGORICAL STANDARDS

National Categorical Pretreatment Standards.

CHEMICAL OXYGEN DEMAND (COD)

The quantity of oxygen, expressed in mg/l, required to chemically oxidize the organic and inorganic matter in a water or wastewater sample under the standard laboratory procedure. The standard laboratory procedure shall be that in the latest edition of "Standard Methods for the Examination of Water and Sewage" published by the American Public Health Association.

COMPATIBLE POLLUTANT

BOD₅, COD, total suspended solids, total Kjeldahl nitrogen, total phosphorus, and fecal coliform bacteria, and oil and grease of animal/ vegetable origin.

[Amended 12-14-2021 by Ord. No. 2021-05]

DISCHARGE PERMIT

A permit issued by DARA authorizing the discharge of tank truck or hauled waste at the DRWPCC.

DOWNINGTOWN AREA REGIONAL AUTHORITY (DARA)

A political subdivision of the Commonwealth of Pennsylvania.

DOWNINGTOWN REGIONAL WATER POLLUTION CONTROL CENTER (DRWPCC)

The facilities in East Caln Township treating wastewater pursuant to the Intermunicipal Agreement among DARA, the Borough of Downingtown and the Townships of Caln, East Caln, Uwchlan and West Whiteland.

EAGLEVIEW SEWAGE TREATMENT PLANT (EVSTP)

The facilities in Uwchlan Township treating wastewater from portions of Uwchlan and Upper Uwchlan Township.

[Added 12-14-2021 by Ord. No. 2021-05]

ENGINEER

Uwchlan Township's or DARA's consulting engineer, as appropriate.

EPA

The United States Environmental Protection Agency, including, where appropriate, the Administrator or other duly authorized official of said agency.

EXECUTIVE DIRECTOR

The DARA Executive Director.

FATS, OIL AND GREASE (FOG)

Organic compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures.

[Added 12-14-2021 by Ord. No. 2021-05]

FOOD SERVICE ESTABLISHMENTS (FSE)

Those establishments engaged in activities of preparing. serving, or otherwise making available for sale consumption by the public such as a restaurant, commercial kitchen, grocery store, caterer, hotel, school, hospital, prison, correctional facility and care institution.

[Added 12-14-2021 by Ord. No. 2021-05]

GARBAGE

Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the commercial handling, storage and sale of produce.

GRAB SAMPLE

An individual sample collected over a period of time not exceeding 15 minutes.

GREASE INTERCEPTOR

A structure or device designed for the purpose of removing and prevent FOG from entering the sanitary sewer system. The devices are typically installed below grade and larger than 700 gallons.

[Added 12-14-2021 by Ord. No. 2021-05]

INDUSTRIAL USER

Any person discharging industrial wastewater to the sewerage system.

INDUSTRIAL WASTE DISCHARGE PERMIT

A permit authorizing a person to deposit or discharge industrial wastewater into the sewerage system.

INDUSTRIAL WASTEWATER

Any water which, during a manufacturing, or processing operation, including those regulated under Sections 307(b), (c), or (d) of the Act, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product, or any other water contaminated by an industrial process, and distinct from sanitary sewage.

INTERFERENCE

The inhibition or disruption of the DRWPCC or EVSTP processes or operations which contributes to a violation of any requirement of the facility's NPDES permit or a decrease in treatment efficiency. The term includes inhibition or disruption of sewage sludge use or disposal from the DRWPCC in accordance with Section 405 of the Act (33 U.S.C. § 1317) 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 DRWPCC or EVSTP.

[Amended 12-14-2021 by Ord. No. 2021-05]

LOCAL DISCHARGE LIMITS

Numerical limitations on the concentration, mass or other characteristics of wastes or pollutants discharged to the sewerage system by industrial users, and which are developed by DARA or Uwchlan Township.

[Amended 12-14-2021 by Ord. No. 2021-05]

MILLIGRAMS PER LITER (MG/L)

The ratio of weight to volume expressing the concentration of a specified component in a wastewater. Also known as parts per million (ppm).

NATIONAL CATEGORICAL 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. § 1317) and which are defined in 40 CFR Chapter I, Subchapter N, Parts 405-471.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT (NPDES PERMIT)

A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342)

NATIONAL PROHIBITED DISCHARGE STANDARD or PROHIBITED DISCHARGE

Any regulation developed under the authority of 40 CFR Section 403.5.

NEW SOURCE

Any building, structure, facility, or installation for which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed categorical standards under Section 307(c) of the Act which will be applicable to such source if such categorical standards are thereafter promulgated in accordance with that section. Determination of the applicability of new source standards shall be made as provided in the Act and 40 CFR Section 403.3.

OWNER

Any person vested with ownership, legal or equitable, sole or partial, of any property, or his agent.

PASS THROUGH

Discharge through the DRWPCC or EVSTP which exists in quantities or concentrations, alone or with discharges from other sources, which causes a violation of any condition of the facility's NPDES permit.

[Amended 12-14-2021 by Ord. No. 2021-05]

PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION (PADEP)

The Department of Environmental Protection of the Commonwealth of Pennsylvania, or any department or agency of the Commonwealth succeeding to the existing jurisdiction or responsibility of the Department of Environmental Protection.

PERSON

Any individual, firm, company, partnership, corporation, association, group or society, including the state and agencies, districts, commissions and political subdivision created by or pursuant to state law and federal agencies, departments or instrumentalities thereof.

The logarithm of the reciprocal of the hydrogen ion concentration expressed as moles per liter.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, sewage, sewage sludge, garbage, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.

PRETREATMENT

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 sewerage system. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR Section 403.6(d).

PRETREATMENT REQUIREMENT

Any substantive or procedural requirement related to pretreatment, other than a National Categorical Pretreatment Standard, imposed on an industrial user.

PRETREATMENT STANDARD

Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act, which applies to industrial users. This term includes National Categorical Pretreatment Standards, prohibited discharge limits and local discharge limits.

QUALIFIED PROFESSIONAL

Registered professional engineer skilled in the field of wastewater treatment.

SANITARY SEWAGE or SEWAGE

The normal waterborne waste from a household, and toilet wastes from residences, business buildings, institutions, commercial and industrial establishments.

SEWERAGE SYSTEM

The DRWPCC or EVSTP and any pipe, conduit or other equipment, which carries wastewater to the DRWPCC or EVSTP.

[Amended 12-14-2021 by Ord. No. 2021-05]

SIGNIFICANT INDUSTRIAL USER

Any industrial user that:

[Amended 12-14-2021 by Ord. No. 2021-05]

(1)

Is subject to National Categorical Pretreatment Standards; or

(2)

Discharges 10,000 gallons or more per day of industrial wastewater; or

(3)

Contributes a waste stream which makes up 5% or more of the dry weather compatible pollutant capacity of the DRWPCC or EVSTP; or

(4)

Has a reasonable potential, as determined by DARA, Uwchlan Township, or EPA, to adversely affect the DRWPCC or EVSTP by interference, pass through of pollutants, sludge contaminations, to endanger collection system and DRWPCC or EVSTP personnel, or to violate any applicable pretreatment standard.

SIGNIFICANT NONCOMPLIANCE (SNC)

An industrial user is in significant noncompliance if its violations meet one or more of the following criteria:

[Amended 12-14-2021 by Ord. No. 2021-05]

(1)

Chronic violations of wastewater discharge limits, defined as those in which 66% or more of all the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same parameter measured;

(2)

Technical review criteria (TRC) violations, defined as those violations in which 33% or more of all of the measurements for each parameter measured taken during a six-month period equal or exceed the product of the daily average maximum limit or the average limit times the applicable TRC multiplier (TRC multiplier equals 1.4 for BOD₅ TSS, fats, oil and grease and 1.2 for all other pollutants with numerical limits, except pH);

(3)

Any other violation of a pretreatment standard or requirement (daily maximum or long-term average) that DARA or Uwchlan Township determines has caused, alone or in combination with other discharges, an interference or pass through at the DRWPCC or EVSTP (including endangering the health of POTW personnel or the general public);

(4)

Any discharge of a pollutant that has caused imminent endangerment to the health of DRWPCC or EVSTP personnel, the environment or the general public; or has resulted in DARA or Uwchlan Township exercising any emergency authority to halt or prevent such a discharge;

(5)

Failure to meet, within 90 days after the scheduled date, a compliance schedule date, or a compliance schedule milestone contained in the user's industrial waste discharge permit or enforcement action 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 a compliance schedule;

(7)

Failure to accurately report incidents of noncompliance; or

(8)

Any other violation or group of violations, which may include a violation of best management practices, that DARA or Uwchlan Township determines will adversely affect the overall implementation of its industrial pretreatment program.

SLUG CONTROL PLAN

A report prepared by an industrial user and provided to DARA or Uwchlan Township in accordance with this article which details the existing and proposed facility plans and operating procedures to be followed by that user in the event of a slug load.

[Amended 12-14-2021 by Ord. No. 2021-05]

SLUG LOAD

Any discharge of wastewater of a nonroutine or episodic nature, including but not limited to an accidental spill or noncustomary batch discharge at a flow rate or concentration that may cause a violation of any pretreatment requirement or pretreatment standard set forth in this article.

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

A classification pursuant to the latest Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget.

STANDARD METHODS

The latest edition of "Standard Methods for the Examination of Water and Wastewater," a manual published by the American Public Health Association specifying analytical procedures for testing and analysis of wastewater.

STATE

Commonwealth of Pennsylvania.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting exclusively therefrom.

SURCHARGE

An additional charge for the treatment of extra-strength wastewater in excess of the basic charge for treatment of wastewater.

TOTAL KJELDAHL NITROGEN (TKN)

The sum of the organic nitrogen and ammonia nitrogen present in wastewater, as measured by standard laboratory procedure as described in standard methods.

TOTAL SUSPENDED SOLIDS (TSS)

The total suspended matter that either floats on the surface of, or is in suspension in, water or wastewater and is removable by laboratory filtration as prescribed in standard methods.

TOWNSHIP

The Township of Uwchlan.

TWENTY-FOUR-HOUR COMPOSITE SAMPLE

A sample that is collected over time, formed either by continuous sampling or by mixing discrete samples collected at regular intervals not exceeding one hour during a twenty-four-hour time span. The sample may be collected either as a time composite sample (composed of discrete sample aliquots collected in one container at constant time intervals providing representative samples irrespective of discharge flow) or as a flow proportional composite sample (collected either as a constant sample volume at time intervals proportional to stream flow, or collected by increasing the volume of each aliquot as the flow increases while maintaining a constant time interval between aliquots).

USER

Any person who contributes wastewater into the sewerage system.

WASTEWATER

The combined flow of sanitary sewage and industrial wastewater, together with such quantities of infiltration and inflow as may be present.

§ 200-43 Prohibitions and restrictions on all users.

[Amended 12-14-2021 by Ord. No. 2021-05]

General discharge restrictions. Except as otherwise provided in this article, no user shall discharge or cause to be discharged to the sewerage system any sewage, industrial wastewater, or other matter or substance:

(1)

Having a temperature which will inhibit biological activity at the DRWPCC or EVSTP resulting in interference, but in no case with a temperature at the introduction into the sewerage system which exceeds 120° F. or is less than 40° F., and in no case heat in such quantities that the temperature of the influent to the DRWPCC or EVSTP exceeds 104° F.

(2)

Containing petroleum oils, nonbiodegradable cutting oils, or other products of mineral oil origin, animal fats, oil, wax, or grease, or other similar substances (collectively called "oil and grease") in amounts that will cause pass through or interference.

(3)

Containing any liquids, solids, or gases at concentrations which are, or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the sewerage system or to the operation of the DRWPCC or EVSTP. Prohibited materials include, but are not limited to, gasoline, fuel oil, kerosene, naphtha, paint products, sulfides, and any substance having a closed cup flashpoint of less than 140° F. using the test methods specified in 40 CFR 261.21.

(4)

Containing solid or viscous substances at concentrations which will cause obstruction to the flow in a sewer or other interference such as, but not limited to: ashes, cinders, spent lime, stone dust, sand, mud, straw, shavings, metals, glass, rags, grass clippings, feathers, tar, plastics, wood, whole blood, paunch manure, bentonite, lye, building materials, rubber, asphalt residues, hairs, bones, leather, porcelain, china, ceramic wastes, polishing wastes, or glass grindings.

(5)

Having a pH, stabilized, lower than 5.0 or higher than 9.0 or having any other corrosive or scale forming property capable of causing damage or hazard to structures, equipment bacterial action or personnel of the sewerage system.

(6)

Containing pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure, cause a pass through or interference in the sewerage system, constitute a hazard to humans, animals or plants, create a toxic effect in the receiving waters of the DRWPCC, EVSTP, or to exceed the limitation set forth in a National Categorical Pretreatment Standard.

(7)

Containing any noxious or malodorous liquids, gases, or solids which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or result in toxic gases, vapors, or fumes in the sewerage system in a quantity that will cause worker health and safety problems.

(8)

Containing objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.

(9)

Containing radioactive substances of such half-life or concentration as may exceed limits which are prohibited by applicable state or federal regulations.

(10)

Prohibited by any permit, statute, rule, regulation, and ordinance issued or promulgated by any public agency, including the state and the EPA.

(11)

Containing any substance which will cause the DRWPCC or EVSTP to violate its NPDES permit or the receiving water quality standards.

(12)

Containing any substance which shall cause the DRWPCC or EVSTP to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act or be in noncompliance with any criteria, guidelines, or regulations affecting sludge use or disposal promulgated pursuant to the Solid Waste Control Act, or State Clean Air Act, the Toxic Substances Control Act, or state criteria applicable to the sludge management method being used.

(13)

Containing nonbiodegradable complex carbon compounds.

(14)

Constituting a slug load.

(15)

Containing stormwater (from pavements, area ways, roofs, foundation drains or other sources), surface water, groundwater, artesian well water, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the Township.

(16)

Containing any garbage with particles greater than 1/2 inch in size.

(17)

Containing pesticides, unless upon written request, special permission is obtained from the Township and DARA.

(18)

Containing more than 100 mg/l of fat, oil, wax, or grease, or more than 25 mg/l of petroleum oils, nonbiodegradable cutting oils, or their products of mineral origin containing substances which will solidify or become viscous at atmospheric pressure at temperatures between 32° and 100° F.

Trucked or hauled wastewater.

(1)

Tank truck or hauled waste discharges to the sewerage system are prohibited, except as authorized hereinafter.

(2)

Tank truck or hauled wastes may only be discharged at the DRWPCC upon the issuance of a discharge permit by DARA.

(3)

Tank truck or hauled wastes authorized for discharge shall be discharged only at the location, time and at a rate fixed by the discharge permit.

(4)

Tank truck or hauled waste discharges shall not include any industrial wastewater.

(5)

Prior to discharge, the tank truck or hauled waste shall be subject to inspection and sampling by DARA.

(6)

Tank truck or hauled waste discharges shall be subject to rates and charges in accordance with a schedule established by DARA, as amended from time to time.

Strength of waste surcharge.

(1)

Any user discharging wastewater to the sewerage system defined as extra-strength wastewater in such ordinances as DARA or Township shall pay a surcharge as set forth in those ordinances. The effective date of any change in definitions or fees shall be stated in all such ordinances.

(2)

No user shall discharge into the sewerage system any extra-strength wastewater without a written permit from DARA or Township providing for sampling and the payment of a surcharge to the Township, in accordance with the formulas set forth in the current DARA or Township resolution.

(3)

The surcharge computations shall be based on the wastewater sample analyses for the most recent complete calendar quarter. Surcharges shall be based on wastewater sample analyses (or, in the absence thereof, on DARA's or Township's estimates) for the calendar quarter to which they apply. The surcharge formulas are independent of each other and measure different characteristics of the same wastewater. Surcharges measured by each formula are cumulative.

(4)

The surcharge billings shall be in addition to any other quarterly sewer use charge paid by the user to the Township. Payment of a surcharge shall not relieve the user of its obligation to comply with the mass loading limits listed in § 200-44C of this article.

(5)

DARA or Township shall bill the amount of the surcharge to the Township in its next regular billing after the determination of the surcharge, and the Township shall pay same under the terms and on the same schedule as the other amounts due under that bill.

Holding tanks.

(1)

The design, construction, installation and/or use of any holding tank on any property within Township shall be as required by Title 25, Chapter 73.61 and 73.62 of the Pennsylvania Code and as required by this Section.

(2)

The use of holding tanks within the Township is restricted and shall only be permitted if one of the following conditions are met:

(a)

To replace a previously approved or permitted conventional sewage system which is malfunctioning and non-repairable; provided that public sewer is not available, and that the Township Sewage Enforcement Officer has determined that a Conventional or Alternate Sewage System as defined by Title 25, Chapter 73 of the Pennsylvania Code cannot be utilized on the property or lot due to soil conditions or site related limitations beyond the control of the landowner, or

(b)

To provide for recreational vehicle dump sites. The use of holding tanks shall be limited to the storage of sanitary sewage. No other waste shall be introduced into any holding tank at any time.

(3)

Permit requirements. No holding tank shall be used or installed on any property unless or until a holding tank permit has been issued.

(a)

All persons and owners using existing holding tanks on the date of these rules and regulations are adopted shall file a disclosure statement with the Township within 30 days of the adoption of these rules and regulations.

(b)

The holding tank permit application shall include and be accompanied by the following:

[1]

An agreement discussing the use and operations and a pump and haul plan shall be prepared by the person applying for a holding tank permit and submitted to the Township for review and approval. The agreement and plan shall be prepared in accordance with the DEP document titled "Requirements for 'Pump and Haul,' Temporary Use of Department Approved and/or Permitted Sewerage Systems," latest edition.

[2]

A detailed statement of reasons the holding tank is requested.

[3]

A detailed plan of the proposed site and facility prepared and certified as to accuracy by a professional engineer or surveyor licensed in the Commonwealth of Pennsylvania.

[4]

The name of the proposed Chester County Health Department approved hauler, their permit number and the receiving wastewater facility;

[5]

A letter from the permittee of the receiving wastewater treatment facility confirming without reservation that said entity or agency shall accept sewage from the proposed facility during the entire period of use thereof.

(4)

Issuance of permits: conditions and safeguards.

(a)

The Township may issue a permit upon determining that the application is complete, that the applicant has satisfied all requirements of these rules and regulations, and the proposed holding tank will not create a nuisance or threat to the health and welfare of the community and public.

(b)

The Township may impose such reasonable conditions and safeguards upon the permit as are necessary to protect the public interest.

(c)

Failure to act on an application shall not be deemed an approval thereof.

(d)

A holding tank permit issued pursuant to these rules and regulations shall not be transferred.

(5)

Restrictions on use and operation. In addition to conditions attached to the issuance of a holding tank permit, all holding tanks shall comply with the following use and operation restrictions:

(a)

Odors from the holding tank or pump and haul operation shall not be discernible beyond the property line of the property where the tank is located. In the event odors are discernible beyond the property line, the Holding Tank Permit holder shall develop and implement a plan, approved by the Township, for the mitigation of odors.

(b)

Overflows or spills from the holding tank or resulting from the pump and haul operation shall be immediately contained and cleaned up by the holding tank permit holder and the contractor. The holding tank permit holder shall notify the DEP upon discovery of any spill or overflow. The Township shall be provided, within 24 hours of the discovery of the overflow or spill, a written notification to the Township reporting at a minimum:

[1]

The location of the discharge;

[2]

The amount of sewage discharged;

[3]

The cause of the accident and the remedial measures taken to contain and clean up the spill or overflow; and

[4]

The action to be taken to prevent future overflows or spills.

(6)

Decommissioning of holding tanks.

(a)

The decommissioning of holding tanks must be completed within 60 days of the following:

[1]

Connection to public sewer;

[2]

Elimination of the source of sewage; or

[3]

Determination by the Township that the holding tank has not been installed, operated, or maintained in accordance with the rules and regulations herein.

(b)

The owner or operator of the holding tank shall notify the Township within 10 days of the holding tank decommissioning and request an inspection.

(c)

For any mobile storage or holding tank, the owner or operator of the tank shall lawfully remove the tank from the premises.

(d)

For any in-ground or partially in-ground holding tank, the owner or operator of the tank shall either remove or abandon the tank in accordance with Chester County Health Department regulations for septic tanks.

(7)

Violations.

(a)

Any person who violates any provisions of this section shall be subject to the enforcement, penalty and provisions of §§ 200-26 and 200-27.

Food service establishments (FSE).

(1)

Fats, oil and grease (FOG) pose a significant threat to Township's sanitary sewer system by creating blockage in sewer pipes and other infrastructure.

(2)

All FSE's are required to:

(a)

Install, use, and maintain FOG removal facilities;

(b)

File, with the Township a FOG permit application;

(c)

Maintain FOG removal facilities at the service interval provided below;

(d)

Post an approved maintenance log at each FSE and forward to the Township records of the maintenance in an electronic format. Records should include, at a minimum, a list of services provided, the waste manifest and a copy of the paid invoice for each reoccurring service.

(3)

Grease interceptors requirements. Type, sizing, and installation shall conform to the Township Plumbing Code in effect at the time of the installation. Each grease interceptor shall:

(a)

Type, sizing, and installation shall conform to the Township Plumbing Code in effect at the time of the installation. Each grease interceptor shall:

[1]

Be constructed in accordance with design approved by the Township and shall have a minimum of two compartments with fittings designed for grease retention.

[2]

Be readily and easily accessible for cleaning and inspection. Installed location shall be easily accessible for inspection cleaning, and removal of intercepted grease. The grease interceptor shall be located outside of the building. Location shall meet the approval of the Township.

[3]

Be maintained in efficient operating condition by periodic removal of the accumulated FOG. Cleaning shall be performed as required by site conditions and manufactures recommendations. At no time may the maintenance and cleaning be performed at service intervals greater than those provided in Subsection E(5) below. No such collected grease shall be introduced into the building drain, private later, sewer connection or sewer system.

[4]

Be kept free of solid materials such as grit, rocks, gravel, sand, eating utensils, cigarettes, shells, towels, rags, etc., which could settle in the tank and thereby reduce the effective volume of the device. Food waste grinders shall not be connected to a grease interceptor.

[5]

Be connected to FOG producing facilities. Sanitary wastes are not permitted to be connected to sewer lines intended for grease interceptor service.

[6]

Have access manholes and covers with a minimum opening diameter of 30 inches, over each grease interceptor chamber and sanitary tee. The access manholes shall extend at least to finished grade and be designed and maintained to prevent water inflow or infiltration.

[7]

Be surrounded by a concrete housekeeping pad.

[8]

Be serviced, inspected, and emptied of accumulated waste content as required to maintain minimum design capability or effective volume.

(b)

The owner shall maintain a written record of inspection and maintenance for as long as the grease interceptor is in use. All such records will be made available for on-site inspection by representative of the Township during all operating hours.

(c)

Grease interceptors shall be subject to inspection by the Township during normal business hours of the user.

(d)

Any FSE existing on the effective date of this revision to this ordinance may be notified of their obligation to install a grease interceptor within the specified period set forth in the notification letter.

(e)

Grease interceptors required under this section shall be installed unless the Township determines, in writing, that the installation would not be reasonably feasible. The user bears the burden of demonstrating that the installation of a grease interceptor is not reasonably feasible. If this is the case they shall submit to the Township a written request for a determination, containing the following information:

[1]

A plan showing the location of sewer system, private lateral, building drain, easements and building, plans shall provide all necessary dimensions.

[2]

A plumbing diagram showing all existing and proposed plumbing and services at the site.

[3]

An explanation as to why the installation of a grease interceptor is not reasonably feasible.

[4]

A description and design of a plan for any alternative pretreatment technology proposed to be installed to trap, separate and hold FOG from wastewater and prevent it from being discharged into the sewer system. All alternative pretreatment technology must be appropriately sized and approved by the Township.

[5]

A plan for regular maintenance of the alternative pretreatment technology.

(4)

Grease trap requirements. In the event that the Township approves the installation of a grease trap in lieu of a grease interceptor, such grease trap shall comply with the provisions of this section.

(a)

Grease traps must be installed in the waste line leading from sinks, drains, and other fixtures or equipment where FOG may be introduced into the sewage system in concentrations greater than 100 mg/l.

(b)

Grease traps sizing and installation shall conform to the Township Plumbing Code in effect at the time of installation.

(c)

No grease trap shall be installed or operated which has a stated flow rate of more than 55 gallons per minute, nor less than 20 gallons per minute, except when specially approved by the Township.

(d)

Grease traps shall be maintained in efficient operating conditions by periodic removal of the accumulated FOG at the service interval provided below. No such collected grease shall be introduced into the building drain, private laterals, sewer connection or sewer system.

(e)

The user or owner shall maintain a written record of inspection and maintenance for as long as the grease trap is in use. All such records will be made available for on-site inspection by representative of the Township during all operating hours.

(f)

No food waste disposal unit or dishwasher shall be connected to or discharge into any grease trap.

(g)

Wastewater in excess of 140° F./60° C. shall not be discharged into a grease trap.

(5)

Service intervals.

Type of FOG Removal Facility	Time in Service (operating history)
Type of FOG Removal Facility	1st year	1-2 years	After 2 years
Grease interceptor	SA	A	TA
Grease trap or other alternative device	QA	SA	TA

NOTES:

SA = Semiannually or when 75% of the system capacity is reached, whichever is more frequent.

QA = Quarter annually or when 75% of the system capacity is reached, whichever is more frequent.

A = Annually or when 75% of the system capacity is reached, whichever is more frequent.

TA = Service frequency may be reduced, upon written approval of the Township, if adequate documentation can be shown that a reduced pumping frequency is sufficient to comply with the provisions of this section.

§ 200-44 Prohibitions and restrictions on industrial users.

General.

(1)

No person shall discharge industrial wastewater into the sewerage system in violation of § 200-43 hereof and unless the person discharging the same has submitted a complete and accurate industrial waste discharge questionnaire to DARA in the form prescribed by the Executive Director, and has been issued an industrial waste discharge permit or has been issued a written determination by the Township or the Executive Director that a permit is unnecessary for the discharge described in the questionnaire.

(2)

Where a proposed discharge is believed by DARA to have a reasonable potential for adversely impacting the sewerage system, DARA may require treatability studies to be performed by the industrial user on the proposed wastewater in order to demonstrate its compatibility with the sewerage system. When such studies are required by DARA, they shall be preceded by the submittal of a treatability study plan by the industrial user to DARA for review and approval. All costs associated with preparing the treatability study plan and performing the treatability study shall be borne by the industrial user. DARA reserves the right to reject any treatability plan it feels is inadequate to show the treatability of a given wastewater.

Qualitative limits.

(1)

DARA shall establish local discharge limits regulating the discharge of specific pollutants to the sewerage system by industrial users. Local discharge limits may be established for any substance which is discharged, or likely to be discharged, to the sewerage system. The local discharge limits, which may be amended from time to time, are appended hereto as Exhibit 1 (Local Discharge Limits).[1]

[Amended 12-8-2008 by Ord. No. 2008-05

[1]

Editor’s Note: Exhibit 1 is included at the end of this chapter.

(2)

Local discharge limits may limit concentration, mass, or a combination of the two.

(3)

The procedure for the calculation of local discharge limits shall be as recommended by the approval authority.

(4)

Local discharge limits shall be calculated to prevent interference; pass through; the discharge of toxic materials in toxic amounts; threats to worker health and safety; and physical, chemical, or biological damage to the sewerage system.

(5)

Local discharge limits applicable to industrial users shall be adopted by resolution of DARA. Local discharge limits applicable to all significant industrial users shall be included in all industrial waste discharge permits.

(6)

Discharging any pollutant in excess of a local discharge limit established for that pollutant shall be a violation of this article.

Mass loading limits.

(1)

No industrial wastewater discharged into the sewerage system shall exceed the following mass loadings:

(a)

For wastewater discharges less than 17,000 gpd on a calendar quarter average,

[1]

140 pounds per day of BOD;

[2]

140 pounds per day of TSS;

[3]

10.5 pounds per day of TKN;

[4]

280 pounds per day of COD;

[5]

4 pounds per day of phosphorus.

(b)

For wastewater discharges greater than 17,000 gpd on a calendar quarter average,

[1]

8,340 x Q pounds per day of BOD;

[2]

8,340 x Q pounds per day of TSS;

[3]

625 x Q pounds per day of TKN;

[4]

16,680 x Q pounds per day of COD;

[5]

230 x Q pounds per day of Phosphorus;

Where "Q" is the average monthly flow limit, in units of million gallons per day (gpd), set forth in the industrial waste discharge permit.

Spills or slug loads.

(1)

All industrial users shall provide and maintain at their own expense facilities adequate to prevent an accidental discharge or slug load of any substance stored or used at the industrial user's facilities that, if discharged into the sewerage system, will violate any of the provisions of § 200-43A or 200-44B of this article. Slug control plans shall be submitted, as requested, to the Township and DARA, detailing the facility plans and operating procedures to be utilized by the industrial user for this protection.

(a)

Slug control plans shall contain, at a minimum, the following information:

[1]

A description of discharge practices, including nonroutine discharges; a description of stored chemicals;

[2]

Procedures for immediately notifying the Executive Director and the Township of accidental discharges and slug loads into the sewer system;

[3]

Procedures to prevent adverse impacts from such discharges and procedures to prevent reoccurrence of all such discharges.

(b)

All existing industrial users shall also provide the Authority with a copy of its slug control plan, or demonstrate to the satisfaction of DARA that such a plan is not needed, within 180 days of the adoption of this article. Industrial users proposing to connect to the sewerage system after the effective date of this article shall submit a copy of its slug control plan to the Township and to DARA for approval, or demonstrate to the satisfaction of the Township and DARA that they are not needed, before connection to the sewerage system. Review of such plans and operating procedures shall not relieve the user from the responsibility to modify the user's facility as necessary to meet the requirements of this article.

(c)

In addition, where an industrial user plans or becomes aware of a change in its method of operation that may affect its potential to create a slug load to the public sewer system the user shall notify DARA and the Township of the change so that DARA may reevaluate the need for a slug control plan from the user.

(2)

In the case of a slug load to the sewerage system of any pollutant, the industrial user shall immediately notify by telephone the Executive Director and the Township of the incident. The notification shall include information regarding the location of the discharge, the kind of pollutants involved, the concentration and volume of the discharge and corrective actions planned or taken.

(3)

Within five days following a slug load, the industrial user shall submit to the Township, and to the Executive Director, 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 users of any liability on account thereof.

(4)

A notice shall be permanently posted by each industrial user on a bulletin board or other prominent place advising employees whom to call in the event of an accidental discharge or slug load. Employers shall inform all employees who may cause or allow a slug load to occur, of the emergency notification procedure.

National Categorical Pretreatment Standards. If the National Categorical Pretreatment Standards, located in 40 CFR Chapter I, Subchapter N, Parts 405-471, for any industrial user are more stringent than limitations imposed under this article for industrial users in that subcategory, then the pretreatment standards shall apply and are hereby incorporated in this article. DARA shall notify all affected industrial users of the applicable (reporting) requirements under 40 CFR Section 403.12. If an industrial user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for an industrial waste discharge permit, the user shall apply for a permit within 90 days of promulgation of the National Categorical Pretreatment Standard.

Dilution prohibition. Except where expressly authorized to do so by an applicable pretreatment standard or pretreatment requirement, no industrial user shall increase the use of process water, or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or requirement. DARA may impose mass limitations (in addition to those imposed under § 200-44C) on users in cases where the imposition of mass limitations is appropriate.

State requirements. State requirements and limitations on industrial wastewater discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this article.

DARA's right of revision. The Township and DARA reserve the right to establish more stringent limitations or requirements on discharges to the sewerage system.

Industrial waste discharge permits.

(1)

General.

(a)

No significant industrial user shall connect to or discharge wastewater to the sewerage system without an industrial waste discharge permit. Nonsignificant industrial users may also be required to have an industrial waste discharge permit depending on the nature and quantity of their discharge, subject to the Authority's discretion.

(b)

Industrial users that are not required by the Authority to have an industrial waste discharge permit may discharge industrial wastewater to the sewerage system, but are required to comply with all other provisions of this article. If an industrial user makes changes to the processes, flow, wastewater concentration, wastewater characteristics, or other operations reported in the most recent industrial waste discharge questionnaire filed by the user with DARA, user shall immediately upon becoming aware such a change has occurred, or 90 days prior to such a change if it is planned, notify DARA and the Township of the change, and a determination will be made by DARA whether the change(s) necessitate the issuance of an industrial waste discharge permit to the user.

(c)

Where an industrial user, subject to a newly promulgated National Categorical Pretreatment Standard, has not previously submitted an application for an industrial waste discharge permit, the user shall, within 90 days after the promulgation of the application National Categorical Pretreatment Standard:

[1]

Obtain an industrial waste discharge permit; and

[2]

Provide the baseline monitoring information required by 40 CFR 403.12(b). This information shall be incorporated into the application for an industrial waste discharge permit.

(2)

Permit application.

(a)

All industrial users shall file with the Township a complete and accurate industrial waste discharge permit application in the form prescribed by DARA.

(b)

The application for an industrial waste discharge permit shall be fully completed and verified in writing by the industrial user, or a duly authorized and knowledgeable officer, agent or representative thereof. The application shall contain in units and terms appropriate for evaluation, such scientific or testing data, or other information, as may be required by DARA or the Township and shall pay an application fee and shall reimburse DARA and the Township all expenses incurred as a result of the processing of the signed application. The Township and DARA shall have, at their discretion, the right to inspect the premises, equipment and material, and laboratory testing facilities of the applicant.

(c)

Notwithstanding the above, the applicant shall provide the following minimum information to the Township:

[1]

Name and address of the user; name, title, and telephone number of responsible official; name, title, and phone number of person to contact for information about the industrial waste discharge.

[2]

Description of the industry and the manufacturing processes or operations that occur there and the types of products that are produced.

[3]

Applicable Standard Industrial Classification Codes for activities conducted at the facility.

[4]

Statement on whether the industry is subject to compliance with National Categorical Pretreatment Standards and which ones apply.

[5]

Indication and description of the sources of or the processes that produce industrial wastewater.

[6]

Wastewater constituents and characteristics as required by DARA and 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. If the discharge is from a proposed new discharge, wastewater characteristics shall be estimated.

[7]

Volume of industrial wastewater to be discharged to the sewerage system and the methods of measuring same. Flow volume information shall include the time and duration of the discharge and the average daily and 30 minute peak wastewater flow rates, including monthly, and seasonal variations, if any.

[8]

Description of any wastewater treatment facilities or processes used or proposed to be used to treat the industrial wastes prior to their discharge to the sewerage system.

[9]

Schematic flow diagram showing the existing and proposed sources of industrial wastewater and the on-site treatment processes.

[10]

The quantity of sludge removed from the system and their method and location of disposal.

[11]

Description of any other wastes that are removed from the system, their quantities, and methods and locations of disposal.

[12]

List of raw materials used or stored on the premises, their material safety data sheets, their approximate quantity of usage on a monthly basis, and what they are used for.

[13]

Plans and specifications for a sampling manhole.

[14]

A list of any additional environmental control permits held by or for the facility, such as air quality permits, RCRA permits, stormwater management permits, etc.

[15]

Such additional information as the Township or DARA shall request.

(d)

The industrial waste discharge permit application shall be reviewed by the Township, and if acceptable, submitted to the Executive Director for review. The Executive Director will review the application and make a determination as to whether a permit will be required for the discharge. No industrial waste discharge permit shall be issued to an industrial user whose discharge of materials to sewers, whether shown upon the application or determined after inspection and testing conducted by the Township or DARA, is not in conformance with federal, state, Township, or DARA statutes, or resolutions. If an application is denied, the Executive Director shall state in writing the reason or reasons for denial, and said written communication shall be delivered to the Township and the applicant.

(e)

If the Executive Director or the Township denies an application for an industrial waste discharge permit, the DARA Board shall review the denial, provided the industrial user gives written notice requesting the review, with appropriate support information within 30 days after receipt of the denial. The DARA Board shall review the industrial waste discharge permit application, the written denial, and such other evidence and matters as the applicant shall present at its next regular meeting following receipt of the user's request for the review. The Board's decision shall be provided to the user within 10 days of the meeting and shall be final.

(f)

If, based on the characteristics of the industrial user's waste discharge, additional pretreatment and/or operation and maintenance procedures are required to meet any DARA, Township, state or federal pretreatment standards, the user shall submit to DARA, prior to issuance of the industrial waste discharge permit, the shortest, reasonable schedule by which the user will provide such additional pretreatment. DARA shall include an acceptable compliance schedule in the user's industrial waste discharge permit. The completion date in this schedule shall be no later than the compliance date established by EPA for the applicable National Categorical Pretreatment Standards. The following conditions apply to this schedule:

[1]

The schedule shall contain increments of progress in the forms of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the significant industrial 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 shall exceed nine months.

[3]

Not later than 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit to the DARA and the Township a report, 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 DARA and the Township.

(3)

Permit modifications. As soon as possible following the promulgation of a National Categorical Pretreatment Standard, the industrial waste discharge permit of users subject to such standards shall be revised, if necessary, to require compliance with such standard within the time prescribed by such standard.

(4)

Permit conditions.

(a)

Industrial waste discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations, ordinances, user charges and fees established by DARA and the Township. Permits shall contain the following:

[1]

Effluent limits, including best management practices, based on applicable general pretreatment standards in 40 CFR Part 403, categorical standards, local limits, and state and local law;

[2]

Requirements for submission of technical reports or discharge reports, including the information to be contained and the signatory requirements of these reports;

[3]

Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by DARA, including compliance records with regard to effluent limits and any best management practices, and affording DARA and the Township access thereto;

[4]

Requirements for notification of DARA and the Township in advance of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the sewerage system;

[5]

Requirements for notification of slug discharges;

[6]

List of prohibited discharges;

[7]

Statement of duration of the permit;

[8]

Notification of the rules regarding transferability;

[9]

Notification of penalties provided for noncompliance; and

[10]

Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule.

[11]

Right of entry requirements for authorized representatives of DARA and the Township.

[12]

Indemnification of DARA and the municipality on account of the discharge.

(b)

Permits may also contain other requirements, including but not limited to:

[1]

Limits on the average and maximum rate and time of discharge or requirements for flow regulation and equalization;

[2]

Requirements for installation and maintenance of inspection and sampling facilities and pretreatment facilities;

[3]

Compliance schedules; and

[4]

Other conditions as deemed appropriate by DARA or the Township to ensure compliance with this article, DARA resolutions, or other requirements.

(c)

Issuance of an industrial waste discharge permit in no way relieves the industrial user from any liability on account of its discharge into the sewerage system, whether discharge is permitted thereby or not.

(5)

Permit duration. Industrial waste discharge permits shall be issued for a one-year period. If DARA or the Township elects not to cancel the permit on or before its anniversary, the permit will automatically renew itself for another period of one year upon payment by the user of the applicable permit renewal fee; however, in no case shall a permit duration exceed five years before it is reissued. The terms and conditions of the permit shall be subject to modification by DARA or the Township during the term of the permit. The user shall be informed of any proposed changes in its permit at least 30 days prior to the effective date of change. DARA and the Township shall use their best efforts to inform the user at least 60 days prior to the effective date. In the event that such changes require major changes in pretreatment by the user, and the user's failure to comply with the amended discharge requirements does not itself or with other failures to comply put DARA or the Township in substantial danger of violating any agreement, permit, regulation or law, then the user shall be allowed a reasonable period of time to comply with the changes, provided the user requests a time extension and submits to DARA and the Township an implementation schedule acceptable to DARA and the Township within the sixty-day period.

(6)

Permit transfer. Industrial waste discharge permits are issued to a specific industrial user for a specific operation. An industrial waste discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of DARA and the Township. The succeeding owner or user shall also comply with the terms and conditions of the existing industrial waste discharge permit.

(7)

Waste characteristic change. Any industrial user who plans or becomes aware of a change in the method of operation or in the pretreatment facilities which will increase the concentration of pollutants which are regulated by this article or the volume of wastewater discharged to the sewerage system, shall notify DARA and the Township of the change at least 90 days prior to such change. If required by DARA or the Township, the industrial user shall apply for an industrial waste discharge permit that reflects the proposed changes. The new industrial waste discharge permit will be subject to a fee to reimburse DARA and the Township for all expenses incurred as a result of the processing of the permit. Approval or denial of a new industrial waste discharge permit shall be regulated by the procedures established hereunder for the issuance of an original permit.

(8)

Files. DARA and the Township shall maintain files in which copies of all industrial waste discharge permits, revisions thereto, and supporting data will be filed for reference. Files shall be maintained for a period of at least five years. This period of retention shall be extended during the course of any unresolved litigation regarding the user or the DRWPCC or when requested by DARA, the Director of EPA or the Regional Administrator of EPA.

Reporting requirements for industrial users.

(1)

Compliance date report. Within 90 days following the date for final compliance with applicable National Categorical Pretreatment Standards or, in the case of a new source, following commencement of the introduction of wastewater into the sewerage system, any industrial user subject to National Categorical Pretreatment Standards shall submit to DARA and the Township a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by categorical standards, and the average and maximum daily flow from these process units in the user's facility which are limited by such categorical standards. The report shall state whether the applicable categorical standards are being met on a consistent basis and, if not, what additional operations and maintenance and/or pretreatment are scheduled to bring the user into compliance with the applicable categorical standards. This statement shall be signed by an authorized representative of the user and certified by a qualified professional.

(2)

Periodic compliance reports.

(a)

Each permitted industrial user shall submit to DARA and the Township, during the months of April, July, October and January, or as specified in the user's industrial waste discharge permit or by DARA, a complete and accurate report indicating the nature and concentration of pollutants in the discharge during the reporting period which are regulated by the industrial waste discharge permit. All monitoring data obtained for purposes of determining compliance with the industrial waste discharge permit by certified analytical techniques must be reported by the user. In addition, this report, where applicable, shall include a record of all daily flows which, during the reporting period, exceeded the maximum daily flow listed in the industrial waste discharge permit. At the discretion of DARA and the Township and in consideration of such factors as high or low flow rates, holidays, budget cycles, etc., DARA, upon written request from the user, may agree to alter the months during which the above reports are to be submitted. The report shall also contain the following certification statement signed by the 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.

(b)

The Township or DARA may impose mass limitations where the imposition of mass limitations is appropriate. In such cases, the report required by § 200-44J(2)(a) of this article shall state the mass of pollutants regulated by categorical standards in the industrial user's discharge to the sewerage system. 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 DARA, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the user's industrial waste discharge permit. All 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 and amendments thereto or with any other test procedures approved by the EPA.

(c)

For categorical industries that have mass limits as categorical standards, DARA may specify equivalent concentrations to regulate the strength of the industrial user's discharge. If concentration limits are regulated in lieu of mass discharge limits, the user must provide DARA with the following information as part of each compliance report:

[1]

For the reporting period, the rate of production of the process for which categorical standards have been established.

[2]

The average wastewater flow rate, generated by the regulated production activity for the reporting period.

[3]

Thirty days' notice of any anticipated change in production.

(d)

The industrial wastewater discharged into the sewerage system shall be sampled and analyzed by and at the expense of the industrial user, and copies of the original laboratory reports listing the results of the analyses and the analytical methods used shall be submitted to DARA and the Township, with the user's periodic compliance report required in § 200-44J(2)(a) of this article. In cases where the standard requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the control authority or the applicable standards to determine compliance with the standard. Frequency of sampling and analyses shall be quarterly, or as specified by the industrial waste discharge permit or DARA. Unless otherwise stated in the industrial waste discharge permit, all samples are to be time composite samples for the period of discharge or for 24 hours, whichever is less, with sampling intervals of not more than one hour. The samples shall be analyzed for the substances and characteristics required by the user's industrial waste discharge permit and shall be representative of the conditions occurring during the reporting period. The user shall follow the proper sample preservation and analysis techniques detailed in 40 CFR 136 or other approved techniques approved by DARA.

(e)

All records and information resulting from the monitoring activities required by the industrial waste discharge permit shall be retained by the industrial user for at least five years. This period of retention shall be extended during the course of any unresolved litigation regarding the user or the DRWPCC or when requested by the Township, DARA or the Director of EPA, or the Regional Administrator of EPA.

(3)

Baseline monitoring report.

(a)

Where a significant industrial user, subject to a newly promulgated National Categorical Pretreatment Standard, has not previously submitted the baseline monitoring information required by 40 CFR 403.12(b), the user shall, within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard, provide this information to DARA. The report shall include all items required by 40 CFR 403.12(b).

(b)

A new source, or a user proposing to discharge wastes into the sewerage system that is subject to a National Categorical Pretreatment Standard, shall submit to DARA the baseline monitoring report required by 40 CFR 403.12(b) at least 90 days prior to commencement of discharge from the regulated process or facility.

(4)

Noncomplying discharge report. If sampling performed by an industrial user indicates a violation of this article, an applicable pretreatment standard, or the user's industrial waste discharge permit, the user shall notify DARA and the Township 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 DARA and the Township within 30 days after becoming aware of the violation.

Monitoring facilities.

(1)

All permitted industrial users shall provide and operate, at their own expense, monitoring facilities to allow inspection, sampling, and flow measurement of its industrial waste discharge. The monitoring facility should normally be situated on the user's premises, but the Township may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

(2)

The monitoring facility shall be constructed in accordance with plans and specifications approved by DARA and the Township. There shall be ample room in or near such 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. The facility shall be located as to be accessible at all times to persons authorized by DARA or the Township. By obtaining an industrial waste discharge permit, the user consents to the entry upon its land, and agrees to facilitate such entry, by representatives of DARA and the Township, and consents to the use of the monitoring facility for observation, sampling, and measuring of the wastewater discharge at all time. Construction of the monitoring facility shall be completed within 120 days following issuance of the industrial waste discharge permit.

Inspection and sampling. DARA or the Township may inspect the facilities of the user. Persons or occupants of premises where wastewater is created or discharged shall allow DARA or its representative, and the Township or its representative ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, records examination and copying or in the performance of any of their duties. DARA, the Township, and EPA shall have the right to set up on the industrial user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with its security guards so that upon presentation of suitable identification, personnel from DARA, the Township, or EPA will be permitted to enter, without delay.

Pretreatment.

(1)

All industrial users shall provide necessary pretreatment and flow-equalizing facilities as required to comply with this article and shall achieve compliance with all applicable National Categorical Pretreatment Standards within the time limitations as specified by the appropriate federal regulations. Any facilities required to pretreat or flow-equalize wastewater to a level in compliance with the provisions of this article shall be provided, operated, and maintained at the user's sole expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to DARA and the Township for review before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent in compliance with the provisions of this article. Any subsequent changes in the pretreatment facilities, flow-equalizing facilities, or method of operation shall be reported to and be approved by DARA and the Township prior to the user's initiation of the changes.

(2)

An industrial user may allow a bypass which does not cause pretreatment standards to be violated, but only for essential maintenance to assure efficient operation. If the user knows in advance of the need for a bypass, it shall submit prior notice to DARA and the Township, if possible, at least 10 days before the date of the bypass. A user shall give oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to DARA and the Township within 24 hours from the time the user becomes aware of the bypass. A written report shall also be provided within five days of the time the user becomes aware of the bypass. The written report 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.

(3)

All records relating to compliance with pretreatment standards and pretreatment requirements shall be made available to officials of the EPA upon request.

(4)

DARA and the Township shall have access to all such pretreatment facilities and flow-equalizing facilities as required by this article at all reasonable times for purposes of inspection and testing.

(5)

The Township shall reimburse DARA for all of its expenses incurred as a result of review, monitoring, application processing, sampling, or any other activities conducted by DARA and directly related to ensuring the industrial user's compliance with the provisions of this article. Such expenses shall be subject to reimbursement to the Township by the industrial user.

Hazardous waste discharge notification.

(1)

An industrial user discharging any quantity of waste to the sewerage system, which, if otherwise disposed of, would be an acute hazardous waste under 40 CFR 261, shall provide a one-time notification to the Township, DARA, the EPA Region III Waste Management Division Director, and the state hazardous waste authorities.

(2)

The notification required by § 200-44N(1) of this article shall include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number, the type of discharge (continuous, batch, or other), and a certification that the industrial user has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical. If the user discharges more than 100 kilograms of such waste in a month to the sewerage system, the notification shall also include an identification of the hazardous constituents contained in the waste, as estimation of the mass and concentration of such constituents discharged during the month, and an estimation of the mass of constituents expected to be discharged by the user to the sewerage system during the following twelve-month period.

(3)

If an industrial user discharges a nonacute hazardous waste under 40 CFR 261 to the sewerage system, the user shall provide the one-time notification described in § 200-44N(2) if the total mass of hazardous waste discharged to the sewerage system during any month exceeds 15 kilograms.

Confidential information.

(1)

Information and data on an industrial user obtained from reports, questionnaires, permit applications, permits, notifications, and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests in writing and is able to demonstrate to the Township's and DARA's satisfaction 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, those portions of a report that have been accepted by the Township and DARA as confidential shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this article, the NPDES permit, state disposal system permit and/or the state or federal pretreatment programs; provided, however, that such portions of any 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.

(3)

When information accepted by the Township or DARA as confidential is transmitted to any governmental agency by the Township or DARA, a notification to the industrial user shall be provided by the Township or DARA listing the confidential information transmitted, and the governmental entity requesting the information.

Measuring volumes of wastewater.

(1)

The flow volume used to determine wastewater flows and surcharges shall be specified in the industrial waste discharge permit and be based on:

(a)

Direct wastewater metering; or

(b)

Metered water use; or

(c)

Such other method acceptable to DARA.

(2)

The Township shall require that each industrial user connected to its sewer system and issued an industrial waste discharge permit install and use any meter or measuring device specified therein at the user's own expense. The Township shall be responsible for the reading of all meters or measuring devices. DARA may read the meters from time to time at its discretion. The meters and devices shall be made available for meter reading at any reasonable time.

Charges and fees.

(1)

The Authority and Township may adopt through separate ordinances charges and fees for implementing and enforcing the pretreatment program, including:

(a)

Fees for reimbursement of the costs of setting up and implementing the industrial pretreatment program;

(b)

Fees for monitoring, inspections, and sampling associated with the industrial pretreatment program;

(c)

Fees for reviewing accidental discharge procedures and construction plans;

(d)

Fees for review of permit applications;

(e)

Fees associated with the review of permit appeals;

(f)

Fees for consistent removal by the Authority of pollutants otherwise subject to federal pretreatment regulations;

(g)

Other fees the Authority 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 any and all other fees chargeable by the Authority or the Township.

§ 200-45 Enforcement.

Significant noncompliance. DARA will publish on an annual basis in a newspaper(s) of general circulation that provides meaningful public notice within the jurisdiction(s) served by the DRWPCC a list of those industrial users which, at any time during the previous 12 months, were in significant noncompliance as defined in this article.

Immediate suspension by the Township of discharge presenting imminent danger by any user.

(1)

The Township shall order the suspension of discharge of wastewater by any user when so directed by DARA. DARA may direct such a suspension when such suspension is necessary, in the opinion of DARA, in order to stop an actual or threatened discharge which presents an imminent danger or harm to people or to the environment or of interference (dangerous discharge).

(2)

Any user notified of an order to suspend shall comply therewith immediately. In the event of a failure of the user to comply voluntarily with the suspension order, the Township shall take such steps as it deems necessary and, if directed by DARA, as directed by DARA, including immediate severance of the sewer connection, to affect the suspension of discharge of the user's wastewater into the sewerage system. The Township shall permit reinstatement of the discharge upon proof satisfactory to itself and DARA of the elimination of the imminent and substantial danger referred to above. The user shall submit a detailed written statement to DARA describing the causes of the actual or threatened discharge and the measures taken to prevent any future occurrence within 15 days of the date of the first such discharge or threat of discharge.

(3)

Nothing herein shall be construed to prohibit DARA from seeking injunctive relief hereunder or at common law or taking other enforcement action in connection with a dangerous discharge.

Termination of service of any user. Any user who violates any condition of this article, applicable state and federal regulations or an industrial waste discharge permit if applicable is subject, in addition to any civil or criminal penalties which may be imposed, to having his service terminated and/or his industrial waste discharge permit revoked.

Notification of violation by any user. Whenever DARA or the Township finds that the user has violated or is violating this article, an industrial waste discharge permit, or any prohibition, limitation or requirements contained herein, or has failed to provide the Executive Director with the information needed to accurately determine compliance with any pretreatment standard or requirement, the Township or DARA may, and the Township at the direction of DARA shall, serve upon such person a written notice of violation. The notice may require a response in the form of a plan, explanation, compliance schedule, or other appropriate response within a specified time period. Compliance with any such requirement is mandatory.

[Amended 12-14-2021 by Ord. No. 2021-05]

Legal action by the Township. If any user violates the provisions of this article, federal or state pretreatment requirements, or any order related to sewer service of the Township, the Township may and, at the direction of DARA shall, commence an action for appropriate legal and/or equitable relief in the Court of Common Pleas of this county. In any such proceeding, the Township may seek to collect any damages and costs incurred pursuant to § 200-46C hereof, and unpaid, and any fines imposed under § 200-46A hereof, and unpaid.

Civil penalty assessment policy for industrial users. DARA shall adopt a formal, written civil penalty assessment policy from time to time and make the same available to the public. Industrial users participating in the pretreatment program (the "pretreatment program") established under § 200-44 of this article shall be given notice of the policy.

§ 200-46 Violations and penalties.

Fines to be established by the Township for violation by any user. In addition to any other remedy available under this article, any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 for each offense, together with the cost of the prosecution, which fine may be collected by suit or summary proceeding brought in the name of the Township before any Magisterial District Judge. All fines and penalties collected for the violation of this article shall be paid over to the Township treasury. Each day on which a violation shall occur or continue shall be deemed a separate and different offense. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced to imprisonment for a term not exceeding 90 days.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Action to enforce the Township's ordinances applicable to any user. The Township shall at the direction of DARA take any action permitted by law to enforce any provisions of this article.

Liability for damage to sewerage system. In the event that any person discharges its waste into the sewerage system which causes or threatens to cause damage to the Township sewerage system and/or DRWPCC or to any employee thereof, or discharges any substance that damages or threatens to damage the receiving stream, that person shall be liable for the damage thereof; said damage shall include all costs incurred by the Township and/or DARA, including, but not limited to, costs of restoration or replacement, fines, legal and engineering fees, and natural resource damages. The limit of the damage shall be determined by DARA and the Township, and the person shall be billed therefore. Legal action may be taken to enforce collection and/or the Township may terminate the person's connection to the sewerage system.