Township of Coolbaugh, PA Sewer Connections

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

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

BOD (BIOCHEMICAL OXYGEN DEMAND)

A duly authorized representative of the individual designated above, if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates, or any governmental entity within the Township. The signature must conform to requirements set forth in 40 CFR 403.12(1).

BOARD OF SUPERVISORS

The Board of Supervisors of the Township.

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

BUILDING SEWER

The sewage drainage system from a building constructed on any improved property to the lateral serving such improved property, including any grinder pump or pressure sewer or similar apparatus or facilities installed by the Township or the owner and which are located on such improved property.

CATEGORICAL STANDARDS

National categorical pretreatment standards or pretreatment standards.

COMMERCIAL ESTABLISHMENT

Any room, group of rooms, building or enclosure, or group thereof, connected, directly or indirectly, to the sewer system and used or intended for use in the operation of a business enterprise for the sale and distribution of any product, commodity, article or service, which maintains separate toilet, sink or other plumbing facilities in the room or group of rooms utilized for such business enterprise.

COMMONWEALTH

The Commonwealth of Pennsylvania.

COOLING WATER

The water discharged from any use, such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

DWELLING UNIT

Any room, group of rooms, house trailer, apartment, condominium, cooperative or other enclosure connected, directly or indirectly, to the sewer system and occupied or intended for occupancy as living quarters by an individual, a single family or other discrete group of persons, excluding institutional dormitories.

EDUCATIONAL ESTABLISHMENT

Any room, group of rooms, building or other enclosure connected, directly or indirectly, to the sewer system and used or intended for use, in whole or in part, for educational purposes, including both public and private schools or colleges.

EPA

The Environmental Protection Agency of the United States of America.

EQUIVALENT DWELLING UNIT or EDU

The unit of measure by which the user charge and the tapping fee shall be imposed upon each improved property, as determined in this article or in any subsequent ordinance of the Township, which shall be deemed to constitute the estimated, equivalent amount of sanitary sewage discharged by a typical single-family dwelling unit.

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.

IMPROVED PROPERTY

Any property upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage and/or industrial wastes shall be or may be discharged, which is located within the sewered area and is subject to the mandatory connection provisions of this article.

INDIRECT DISCHARGES

The discharge or the introduction of pollutants into the sewer system, including holding tank waste discharged into the sewer system as outlined in 40 CFR 403.31(g) and § 307(b), (c) and (d) of the Act.

INDUSTRIAL ESTABLISHMENT

Any improved property used or intended for use, wholly or in part, for the manufacturing, processing, cleaning, laundering or assembling of any product, commodity or article, or any other improved property from which wastes, in addition to or other than sanitary sewage, shall or may be discharged.

INDUSTRIAL WASTES

Any and all wastes discharged from an industrial establishment, and/or any wastewater having characteristics which may have the potential to be detrimental to the treatment plant, other than sanitary sewage.

INSTITUTIONAL ESTABLISHMENT

Any room, group of rooms, building or other enclosure connected, directly or indirectly, to the sewer system, including institutional dormitories and school buildings, which do not constitute a commercial establishment, a dwelling unit or an industrial establishment.

INTERFERENCE

The inhabitation or disruption of the treatment plant treatment processes or operations or its sludge operations which contributes to a violation of any requirement of the Township's NPDES permit. The term includes prevention of sewage sludge use, sludge processes or disposal by the treatment plant in accordance with § 405 of the Act (33 U.S.C. § 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act or more stringent state criteria, including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA applicable to the method of disposal or use employed by the treatment plant.

LATERAL

That part of the sewer system extending from a sewer to the curbline or, if there is no curbline, to the property line or, if no such extension is provided, then "lateral" shall mean that portion of, or place in, a sewer that is provided for connection of any building sewer.

MULTIPLE-USE IMPROVED PROPERTY

Any improved property upon which there shall exist any combination of a dwelling unit, commercial establishment, industrial establishment, educational establishment or institutional establishment.

NATIONAL CATEGORICAL PRETREATMENT STANDARD OR PRETREATMENT STANDARD

Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1317 and 40 CFR, Chapter 1, Subchapter N, or 40 CFR, Parts 401 to 471), which applies to a specific industry.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT

A permit issued pursuant to § 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.

NITROGEN AMMONIA (NH₃-N)

The quantity of ammonia nitrogen expressed in terms of weight and concentration (milligrams per liter) as nitrogen and determined by an analytical method outlined in 40 CFR, Part 136.

NITROGEN, TOTAL KJELDAHL (TKN)

The quantity of total Kjeldahl nitrogen (TKN) expressed in terms of weight and concentration (milligrams per liter) as nitrogen and determined by an analytical method outlined in 40 CFR, Part 136.

OWNER

Any person vested with title, legal or equitable, sole or partial, of any improved property.

PERSON

Any individual, partnership, company, association, society, trust, corporation or other group or entity, including municipalities, municipality authorities, school districts and other units of government.

The logarithm of the reciprocal of the concentration of hydrogen ions, expressed in grams per liter of solution, indicating the degree of acidity or alkalinity of a substance.

PHOSPHATE (PO₄ as P)

The quantity of phosphate ion (PO₄) expressed in terms of weight and concentration (milligram per liter) as phosphorus and determined by an analytical method outlined in 40 CFR, Part 136.

POLLUTANT

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

PPM

Parts per million parts water, by weight.

PRETREATMENT or TREATMENT

The reduction of the amount of pollutants, the elimination of pollutants, the alteration of the nature 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 sewer system. The reduction or alteration can be obtained by physical, chemical or biological processes, or by process changes, or by other means, except as prohibited by 40 CFR 4.03.6(d).

SANITARY SEWAGE

Normal water-carried household and toilet wastes from any improved property.

SEWER

Any pipe or conduit constituting a part of the sewer system used or usable for collection of sanitary sewage and/or industrial wastes.

SEWERED AREA

That geographic area of the Township in and about the Village of Tobyhanna served or to be served by the sewer system, and such other area of the Township determined and designated, from time to time, by the Board of Supervisors of the Township.

SEWER SYSTEM

All facilities, at any particular time, acquired, constructed, operated and/or owned by the Township for collecting, pumping, transporting, treating and/or disposing of sanitary sewage and/or industrial wastes in the Township, other than a building sewer or a lateral.

SIGNIFICANT USER

Any nonresidential user of the sewer system who:

Has a wastewater flow of 25,000 gallons or more per average workday;

Has a flow greater than 5% of the total flow in the sewer system;

Has in its wastes toxic pollutants as defined pursuant to § 307 of the Act or Pennsylvania statutes and rules; or

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

Is found by the Township, the Pennsylvania Department of Environmental Protection (DEP), or the EPA to have significant impact, either singly or in combination with other users, on the treatment plant, the quality of sludge, the sewer system's effluent quality or air emissions generated by the sewer system.

A classification pursuant to the "Standard Industrial Classification Manual," issued by the Executive Office of the President, Office of Management and Budget, 1972.

STORMWATER

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

STREET

Any street, road, lane, court, cul-de-sac, alley, public way or public square, including such streets as are dedicated to public use, and such streets as are owned by private persons.

SUSPENDED SOLIDS

The total suspended matter expressed in terms of weight and concentration (milligrams per liter) that floats on the surface or is suspended in water, wastewater or other liquids and which is removable by laboratory filtering.

TAPPING FEE

A fee against the owner of any improved property in the area served by the sewer system which actually connects or is required to be connected pursuant to the mandatory connection provisions of this article or any other ordinance then in effect requiring such connection, or who otherwise connects to the sewer system.

TDS (TOTAL DISSOLVED SOLIDS)

A measure of the combined content of all inorganic and organic substances contained in molecular, ionized or microgranular suspended form.

TOTAL PHOSPHORUS AS P

Total phosphorus as determined pursuant to the procedure set forth in the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, Inc.

TOTAL SOLIDS

Solids determined by evaporating at 100° C. a mixed sample of wastewater as determined pursuant to the procedure set forth in the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, Inc. Total solids include floating solids, suspended solids, settleable solids and dissolved solids, as defined below:

SUSPENDED SOLIDSSolids determined by standard laboratory procedure in the waste.

SETTLEABLE SOLIDSSolids that settle in an Imhoff cone from a standard sample of waste.

DISSOLVED SOLIDSSolids that are dissolved in the waste and cannot be removed by filtration but can be determined by evaporation.

TOWNSHIP

The Township of Coolbaugh, Monroe County, Pennsylvania, a political subdivision of the commonwealth, acting by and through its Board of Supervisors or, in appropriate cases, acting by and through its authorized representatives.

TOXIC POLLUTANT

Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the EPA under the provisions of CWA § 307(a) or other acts.

TREATMENT PLANT

The wastewater treatment and disposal system facilities to be acquired and constructed by this Township, together with all appurtenant facilities and properties, and together with any additions, improvements, enlargements and/or modifications thereto from time to time acquired or constructed.

USER

Any person who contributes, causes or permits the contribution of wastewater into the sewer system or the treatment plant from an improved property.

USER CHARGE

The quarterly rental or charge imposed by the Township hereunder, as amended from time to time, against the owner of each improved property, for the use or availability of use of the sewer system.

WASTEWATER

The liquid and water-carried industrial wastes or sanitary sewage from a dwelling unit, commercial establishment, institutional establishment, industrial establishment and institutions, together with any groundwater, surface water and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the treatment plant.

The following abbreviations shall have the designated meanings:

	CFR — Code of Federal Regulations
	CWA — Clean Water Act
	DEP — Pennsylvania Department of Environmental Protection
	EPA — United States Environmental Protection Agency
	l — liter
	mg — milligrams
	mg/l — milligrams per liter
	NPDES — national pollutant discharge elimination system
	O&M — operation and maintenance
	SIC — standard industrial classification
	SWDA — Solid Waste Disposal Act, 42 U.S.C. § 6901 et. seq.
	TKN — total Kjeldahl nitrogen
	TSS — total suspended solids

§ 316-6 Use of public sewers required.

Connection.

The owner of any improved property located in this Township and which is adjoining and adjacent to or whose principal building is within 150 feet from the sewer system shall connect such improved property with and use such sewer system, in such manner as this Township may require, within 60 days after notice to such owner from this Township to make such connection, for the purpose of discharging all wastewater from such improved property; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by this Township from time to time.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Notwithstanding the provisions of Subsection A(1), this Township shall not require any commercial establishment or industrial establishment to connect to the sewer system when such commercial establishment or industrial establishment is operating a sanitary sewage treatment plant under mandate of any agency of the federal or state government. This exemption shall last as long as such sanitary sewage treatment plant continues to meet the specifications and standards mandated by such federal or state agency and for 45 days thereafter. If, during the days immediately subsequent to the day a business' sanitary sewage treatment plant is determined to be below federal or state mandates, repairs cannot be made to bring the private sewage treatment system back up to satisfactory condition, this Township may require such business to connect to the sewer system. In such case the full costs of connection to and any necessary refurbishing of the sewer system shall be borne by such business.

The exemption provided for in Subsection A(2) shall not be available in any situation where the business seeking to use it had notice, either actual or constructive, prior to construction of its sanitary sewage treatment plant, of this Township's intention to construct a sanitary sewer system and to require that business to connect with the sewer system.

All wastewater from any improved property, after connection of such improved property with a sewer, as required under Subsection A shall be conducted into such sewer; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by this Township, from time to time.

No person shall place, shall deposit or shall permit to be placed or to be deposited upon any public or private property within this Township any wastewater in violation of Subsection A. No person shall discharge or shall permit to be discharged to any natural outlet within this Township any wastewater in violation of Subsection A, except where suitable treatment has been provided that is satisfactory to this Township.

No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used or shall be maintained at any time upon an improved property that has been connected to a sewer or that is required under Subsection A to be connected to a sewer. Every such privy vault, cesspool, sinkhole, septic tank or similar receptacle in existence shall be abandoned and, at the discretion of this Township, shall be cleansed and shall be filled with a noncompactable material (e.g., sand), at the expense of the owner of such improved property, under the direction and supervision of this Township; and any such privy vault, cesspool, sinkhole, septic tank or similar receptacle not so abandoned and, if required by this Township, not cleansed and filled, shall constitute a nuisance and such nuisance may be abated, as provided by law, at the expense of the owner of such improved property.

No privy vault, cesspool, sinkhole, septic tank or similar receptacle at any time shall be connected to a sewer.

The notice by this Township to make a connection to a sewer, referred to in Subsection A, shall include a reference to this article, including any amendments and/or supplements at the time in effect, or a summary hereof, and a written or printed document requiring the connection in accordance with the provisions of this article and specifying that such connection shall be made within the time limitations described herein. Such notice may be given or served at any time after a sewer is in place that can receive and can convey wastewater for treatment and disposal from the particular improved property. Such notice shall be by personal service or by registered mail.

No new connections to the sewer system will be permitted unless there is sufficient capacity, as determined by this Township, to adequately convey and treat the wastewater which the new connection will contribute.

§ 316-7 Building sewers and connections.

No person shall uncover, shall connect with, shall make any opening into or shall use, shall alter or shall disturb, in any manner, any sewer or any part of the sewer system without first obtaining a permit, in writing, from this Township.

Application for a connection permit required under Subsection A shall be made by the owner of the improved property served or to be served or by the duly authorized agent of such owner.

No person shall make or shall cause to be made a connection of any improved property with a sewer until such person shall have fulfilled each of the following conditions:

Such person shall have notified the Secretary or other designated representative of this Township of the desire and intention to connect such improved property to a sewer.

Such person shall have applied for and shall have obtained a connection permit as required by Subsection A.

Such person shall have given the Secretary or other designated representative of this Township at least 24 hours' notice of the time when such connection will be made so that this Township may supervise and inspect, or may cause to be supervised and inspected, the work of connection and necessary testing.

If applicable, such person shall have furnished satisfactory evidence to the Secretary or other designated representative of this Township that the tapping fee and any other applicable fee or charge that may be charged and imposed by this Township against the owner of each improved property who connects such improved property to a sewer, has been paid.

Except as otherwise provided in this subsection, each improved property shall be connected separately and independently with a sewer through a building sewer. Grouping of more than one improved property on one building sewer shall not be permitted, except under special circumstances and for good sanitary reasons or other good cause shown, but then only after special permission of this Township, in writing, shall have been secured and only subject to such rules, regulations and conditions as may be prescribed by this Township.

All costs and expenses of acquisition, construction, operation and maintenance of a building sewer and of the lateral serving any improved property shall be borne by the owner of the improved property served thereby, unless otherwise provided by this Township. All costs and expenses of connection of a building sewer to a lateral and connection of a lateral to a sewer, including such costs and expenses of acquiring, installing, operating and maintaining a grinder pump or similar apparatus approved by the Township, shall be borne by the owner of the improved property so connected, unless otherwise provided by this Township. Each such owner shall indemnify and shall save harmless this Township from all loss or damage that may be occasioned, directly or indirectly, as a result of construction, connection, operation or use of a building sewer or of a lateral.

A building sewer and the appropriate lateral shall be connected to a sewer at the location designated by this Township. If this Township furnishes the lateral, the building sewer shall be connected to the sewer at the place where the lateral is located. The owner of each improved property shall provide this Township any information requested pertaining to the existing or proposed location of a building sewer and of the lateral. The invert of a building sewer at the point of connection shall be at the same or a higher elevation than the invert of the sewer. A smooth, neat joint shall be made, and the connection of a building sewer, lateral or other designated point of connection shall be made secure and watertight.

If the owner of any improved property located within this Township and which is adjoining and adjacent to or whose principal building is within 150 feet from any part of the sewer system, after 60 days' notice from this Township requiring the connection of such improved property with a sewer, in accordance with § 316-6F, shall fail to connect such improved property and use the sewer system as required, this Township may enter upon such improved property and construct such connection. This Township shall send an itemized bill of the cost of construction to the owner of the improved property to which connection has been made, which bill shall be payable immediately. If such owner fails to pay such bill, this Township shall file a municipal lien for the cost of the construction within six months of the date of completion of the connection.

Where an improved property, at the time connection to a sewer is required, shall be served by its own sewage disposal system or sewage disposal device and shall be required to connect to the sewer system pursuant to § 316-6A, the existing house sewer line shall be broken on the structure side of such sewage disposal system or sewage disposal device and attachment shall be made, with proper fittings, to continue such house sewer line as the building sewer to the lateral and the sewer, in the manner approved by this Township.

No building sewer or lateral constructed by the owner shall be covered until it has been inspected and approved by this Township. If any part of a building sewer or lateral is covered before so being inspected and approved, it shall be uncovered for inspection at the cost and expense of the owner of the improved property to be connected to a sewer.

Every building sewer and every lateral serving any improved property shall be operated and maintained by the owner of such improved property in a sanitary and safe operating condition to the continuing satisfaction of this Township.

Every excavation for a building sewer or for a lateral shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Any street, sidewalk and other property disturbed in the course of installation of such facilities shall be restored at the cost and expense of the owner of the improved property being connected, in a manner satisfactory to this Township.

If any person shall fail or shall refuse, upon receipt of a written notice of this Township, to remedy any unsatisfactory condition with respect to a building sewer, or with respect to a lateral, within 60 days of receipt of such notice, this Township may refuse to permit such person to discharge wastewater into the sewer system until such unsatisfactory condition shall have been remedied to the satisfaction of this Township. In the event of a condition with respect to said facilities which threatens health or property, this Township may specify a lesser time or other manner of notice of such condition.

§ 316-8 Tapping fees.

[Amended 11-18-1997 by Ord. No. 90A]

A tapping fee is hereby imposed against the owner of any improved property to be served by the sewer system which actually connects or is required to be connected to the sewer system pursuant to § 316-6A hereof, unless the appropriate tapping fee was previously paid under prior ordinance.

The tapping fee hereafter payable by the owner of an improved property shall be the product of the applicable charge (based on the date of payment) times the number of equivalent dwelling units constituting such improved property, calculated as follows:

	Tapping Fee Paid on or Before	Amount per EDU
	If paid prior to December 3, 1997	$500
	If paid on or after December 3, 1997	$3,500

The minimum tapping fee applicable to any improved property served by the sewer system shall be applicable amount times one equivalent dwelling unit. To this minimum tapping fee shall be added the applicable charge for each additional equivalent dwelling unit that is determined at any time to be applicable to such improved property. In the event an improved property or use thereof (including number of occupants) changes in a manner that causes the number of EDUs applicable to such improved property calculated hereunder to increase, an additional tapping fee based on such additional EDUs shall be immediately due and payable.

The tapping fee shall be due and payable the earlier of: (1) the time application is made to the Township to make connection to the sewer system, as provided in § 316-7 hereof, or, if applicable, the date when the Township shall connect any such improved property to the sewer system, at the cost and expense of the owner, when such owner shall have failed to make such connection pursuant to § 316-7G; or (2) in the case of properties to be connected following initial construction of the sewer system, the date which is 60 days after the date of issuance by the Township of the written notice to connect. Owners of an improved property paying the applicable tapping fee in advance of making such application to connect or in such time period by the specified date may pay the lesser amount set forth in Subsection B hereof. Owners of an improved property which is attributed an additional number of equivalent dwelling units, as defined by the Township user charge structure herein, shall pay a corresponding additional tapping fee at the time of being attributed with the new EDU computation.

Calculation and itemization of the maximum lawful tapping fee is attached hereto as Appendix A and made a part hereof.[1]

[1]

Editor's Note: Appendix A is included as an attachment to this chapter.

All tapping fees shall be payable to the Secretary of the Township or to such other officer or representative of the Township as shall be authorized, from time to time, by the Township, to accept payment thereof.

Payment of tapping fees imposed by the Township pursuant to this article shall be enforced by the Township in any manner appropriate under laws at the time in effect.

§ 316-9 User charges.

[Amended 11-17-1997 by Ord. No. 90A; 3-16-2010 by Ord. No. 2010-109]

A user charge is hereby imposed upon the owner of each improved property which is or shall be connected to the sewer system, for use of the sewer system, whether such use is direct or indirect, and for services rendered by the Township in connection therewith and shall be payable as provided herein. At the discretion of the Township, such user charge may be imposed upon the owner of an improved property who fails or refuses improperly to connect such improved property to the sewer system, as compensation for the availability of service by the Township in connection with the sewer system.

The user charge shall be payable by the owner of each improved property commencing the earlier of: (1) the date of actual, physical connection of an improved property to the sewer system; or (2) 60 days from the date of issuance of the notice to connect described in § 316-6; or such other date established by the Township for commencement of the payment of the user charge.

Each improved property shall be charged the user charge as a specific amount per equivalent dwelling unit applicable to such improved property, as determined by the Township, from time to time. The number of equivalent dwelling units applicable to each improved property shall be determined as follows:

Description of Improved Property	Unit of Measure	Number of EDUs per Unit of Measurement
Residential dwelling unit (year-round or seasonal)	Each single-family dwelling unit	1
Apartment multiple dwellings	Each apartment or unit	1
Retail store, professional offices or other commercial establishment	1 to 10 employees Each additional 10 employees or fraction thereof	1 1
Hotel, motel or boarding house (not including restaurant facilities)	1 to 4 rental rooms Each additional 4 rooms or fraction thereof	1 1
Restaurant, club, tavern or other retail food or drink establishment	1 to 10 customer seats Each additional 10 seats or fraction thereof	1 1
Automobile service station or commercial repair shop	1 or 2 bays Each additional 2 bays or fraction thereof	1 1
Beauty parlor or barber shop (with hair washing)	First chair Each additional chair	1 1
Educational/institutional establishment	Per each 15 pupils, faculty, administrators and staff or fraction thereof	1
Church	Each property	1
Fire company	Each property	1
Community hall	Each property	1
Community park	Each property	1
Laundromat	First 2 washing machines Each additional washing machine	1 1
Funeral home	Each property	1
Municipal garage	Each property	1
Industrial establishment	1 to 10 employees Each additional 10 employees or fraction thereof (or based on the volume of wastewater generated)	1

The number of equivalent dwelling units applicable to commercial establishments and industrial establishments shall be computed on the basis of the average daily number of full and part-time employees [including the owner(s) or employer(s)] for the calendar quarter preceding the date of the quarterly billing. The owners of such facilities shall be responsible for advising the Township, in writing, of the number of employees upon connection to the sewer system and, from time to time, upon request of the Township. The number of equivalent dwelling units applicable to educational and institutional establishments shall be computed on the highest monthly average daily attendance of occupants, pupils, faculty, administrators and staff during the 12 months preceding the date of the quarterly billing. The owners of such facilities shall be responsible for advising the Township, in writing, of the number of pupils, faculty, administrators and staff in attendance as an average daily figure, from time to time, upon request of the Township.

If the use or classification of any improved property changes within a billing period, the user charge for such billing period may be prorated by the Township, in the Township's discretion. The owner of the improved property shall be responsible for advising the Township, in writing, of any such change affecting the user charge payable hereunder. The appropriate credit or additional charge shall appear on the statement for the next succeeding billing period.

Flat rate charges.

The monthly flat rate user charges payable per equivalent dwelling unit shall be as follows:

Residential/nonprofit user charges shall be $54.34 per month.

Commercial establishment/multifamily dwelling user charges shall be $62.47 per month.

(c)

Industrial (including significant users) user charges shall be $71.86 per month.

User charge rates may change in the future from time to time by resolution of the Board of Supervisors in accordance with the Second Class Township Code.[1]

[1]

Editor's Note: See 53 P.S. § 65101 et seq.

Metered charges.

User charges for any improved property, in the sole discretion of the Township, may be determined on a metered-rate basis calculated according to:

Metered volume of potable water usage by the improved property, adjusted, if appropriate, by the Township.

Actual metered volume of wastewater discharged by the improved property into the sewer system.

In either of the foregoing cases, such user charges shall be computed in accordance with a metered rate schedule to be established by the Township.

In the case of a multiple use improved property sharing a common connection to the sewer system or a common structure, each such classification of improved property shall pay a separate user charge, as though it were housed in a separate structure and had a direct and separate connection to the sewer system, computed in accordance with this article.

The owner of any improved property discharging wastewater into the sewer system shall furnish to the Township, including by way of the application for permit described in the this article, all information deemed essential or appropriate by the Township for the determination of all applicable user charges and surcharges. The costs of obtaining such information shall be borne by such owner of the improved property. In the event of the failure of the owner to provide adequate information, the Township shall estimate the applicable user charge and surcharges based upon available information, until such time as adequate information is received. There shall be no rebate of past payments if the owner's refusal to provide such information results in overpayment.

Nothing herein contained shall be deemed to prohibit this Township from entering into separate or special agreements with owners of improved property or other persons with respect to the user charge or surcharge to be imposed in those cases where, due to special or unusual circumstances, the user charge set forth herein shall be deemed by this Township, in its sole discretion, to be inequitable or where it is in the best interests of this Township to do so.

User charges and surcharges, as applicable, shall be payable on a quarterly basis, on the first day of the first month of each quarter and shall cover a billing period consisting of the immediately preceding quarter. Owners of improved property that shall be first connected to the sewer system during any quarterly period shall pay a prorated user charge for service for the balance of the quarterly period, plus any applicable surcharges.

Payments of user charges and any applicable surcharges shall be due and payable upon the applicable billing date, at the office of the Township, in the appropriate amount, computed in accordance with this article, which shall constitute the net bill. If any user charge or any applicable surcharge is not paid within 30 calendar days after the applicable billing date, an additional sum of 10% shall be added to such net bill, which net bill, plus such additional sum, shall constitute the gross bill. Payment made or mailed and postmarked on or before the last day of such thirty-calendar-day period shall constitute payment within such period. If the end of such thirty-calendar-day period shall fall on a legal holiday or on a Sunday, then payment made on or mailed and postmarked on the next succeeding business day which is not a legal holiday shall constitute payment within such period. Any and all payments received on account of delinquent accounts shall be applied first to the oldest outstanding gross bill, including any accumulated late fee.

It shall be the responsibility of each owner of an improved property to provide the Township with, and thereafter keep the Township continuously advised of, the correct mailing address of such owner. Failure of any owner to receive a bill for charges due and payable shall not be considered an excuse for nonpayment, nor shall such failure result in an extension of the period of time during which the net bill shall be payable.

No officer or employee of the Township is authorized to reduce, vary or exempt charges imposed herein or other provisions of this article without official action by the Board of Supervisors of this Township.

Every owner of improved property shall remain liable for the payment of user charges and surcharges until the later of: (1) the receipt by the Township of written notice by such owner that the property has been sold, containing the correct name and mailing address of the new owner; or (2) the date on which title to the improved property is transferred to a new owner. Failure to provide notice renders an owner continuously liable for any charges that may accrue until such time as the Township has been properly notified of any change in ownership as described above.

All user charges and tapping fees collected by the Township hereunder shall be used for the purposes of acquisition, construction, operation, maintenance, replacement and extension of the sewer system or for the purpose of paying debt incurred in connection with the sewer system.

§ 316-10 Prohibited wastes.

[Amended 3-16-2010 by Ord. No. 2010-109]

No person shall discharge or shall cause to be discharged into the sewer system any stormwater, surface water, spring water, groundwater, roof runoff, subsurface drainage, building foundation drainage, cellar drainage or drainage from roof leader connections.

Except as otherwise provided, no person shall discharge or cause to be discharged into the sewer system the following:

Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or to be injurious in any other way to the sewer system or to the operation of the sewer system. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the sewer system (or at any point in the sewer system) by more than 5%, nor any single reading over 10%, of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, hydrides and sulfides, and any other substance determined by the DEP or the EPA to be a fire or explosion hazard or a hazard to the system.

Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the treatment plant such as, but not limited to, grease, garbage with particles greater than 1/2 inch in any dimension, animal guts, tissues, manure, bones, hair, hides, spent lime, rock or rock dust, metal, glass, glass grindings, straw, shavings, grass clippings, rags, spent grains, wastepaper, wood, plastics, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, polishing wastes, fur, ashes, incinerator residue, dredged spoil, solid waste, construction materials, sand, cellar dirt, feathers, wax, cinders or medical waste.

Grease, oil and sand interceptors shall be provided when, in the opinion of the Township, they are necessary for the proper handling of liquid wastes containing floatable grease in such amounts as to cause obstruction to the flow in a sewer or other interference with the operation of the treatment plant or any flammable wastes, sand or other harmful ingredients, except such interceptors shall not be required for private living quarters or dwelling units. All such interceptors shall be of a type and capacity approved by the Township and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the Township. Any removal and hauling of the collected materials not performed by owner's personnel must be performed by state-licensed waste disposal firms.

Any wastewater having a pH less than 6.0, unless the sewer system 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 sewer system.

(5)

Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure, to interfere with any wastewater treatment process, to constitute a hazard to humans or animals, to create a toxic effect in the receiving waters or the sewer system, 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 § 307(a) of the Act.

(6)

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.

(7)

Any substance which may cause the sewer system's effluent or any other product of the sewer system such as residues, sludges or scums, to be unsuitable for reclamation and reuse, or to interfere with the reclamation process. In no case shall a substance discharged to the sewer system cause the sewer system to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under § 405 of the Act, or with any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act or state criteria applicable to the sludge management method being used.

(8)

Any substance which will cause the sewer system to violate its NPDES permit or the water quality standards of the receiving water.

(9)

Any wastewater with an objectionable color not removable in a treatment process such as, but not limited to, dye wastes and vegetable tanning solutions.

(10)

Any wastewater having a temperature which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the sewer system which exceeds 40° C. (104° F.), unless the treatment plant is designed to accommodate such temperature.

(11)

Any pollutants, including oxygen demanding pollutants (BOD, COD, etc.), released at a flow rate and/or pollutant concentration which will cause interference to the sewer system. In no case shall a slug load have a flow rate or contain concentrations or quantities of pollutants that exceed, for any time period longer than 15 minutes, more than five times the average twenty-four-hour concentration, quantities or flow during normal operation.

(12)

Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Township in compliance with applicable state or federal regulations.

(13)

Any wastewater which causes a hazard to human life or creates a public nuisance.

(14)

Stormwater, groundwater, roof runoff, area drainage, perimeter drainage, sump pump discharge, subsurface drainage, cooling water, air conditioner condensate drainage, commercial refrigeration condensate drainage or cooling tower discharge.

All wastewater entering the Township's collection system shall be pretreated to typical domestic levels unless otherwise stated in writing by the Township by way of an Industrial User permit. In addition, no user shall contribute toxic pollutants to the sewer system in excess of the following:

	Parameter	Maximum Concentrations in Milligram per Liter from Industrial/Commercial/ Institutional Establishments to the Sewer System
	Antimony	5.0
	Arsenic	0.1
	Barium	4.0
	Boron	1.0
	Cadmium	0.05
	Chromium (hexavalent)	0.1
	Chromium (trivalent)	1.0
	Copper	1.0
	Cyanide, Total	0.2
	Iron	5.0
	Lead	0.1
	Manganese	1.0
	Mercury	0.01
	Nickel	1.0
	Total phenolics	0.5
	Selenium	0.04
	Silver	0.1
	Tin	3.0
	Vanadium	3.0
	Zinc	1.0
	Total toxic organics	2.13
	Any single toxic organic	0.5

These are end-of-lateral concentrations in the wastewater stream that exists after all industrial waste and sanitary sewage streams connected to the sewer system have mixed completely. The concentrations represent state-of-the-art for local limits that will assure protection of the wastewater treatment process. The end-of-lateral concentrations are generally lower than categorical pretreatment standards which apply to concentrations measured at the end of the manufacturing process.

Where categorical pretreatment standards are available, § 403.6 of the general pretreatment regulations provides a formula for calculation of an alternate value for the specific pollutant concentration limit based on combined waste strength. This formula will be applied to the wastewater stream, including sanitary sewage flows and other applicable flows, to calculate an end-of-lateral concentration. The calculated concentration and the concentration based on local limits will be compared and the lower of the two limits will be applied in the permit for the nonresidential discharge.

All wastewater entering the sewer system shall be pretreated to typical domestic levels for compatible pollutants unless otherwise stated in writing by the Township by way of the issuance of a permit. Typical domestic levels for compatible pollutants shall be:

	Parameter	Maximum Concentration (mg/l)
	Biochemical oxygen demand (BOD₅)	250
	Total suspended solids (TSS)	250
	Ammonia nitrogen (NH3-N)	25 as N
	Phosphorus (Total as P)	10 as P
	Total Kjeldahl nitrogen (TKN)	40 as N
	Oil and grease	100
	TDS	500

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

No significant user shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the federal categorical pretreatment standard, or with any other pollutant-specific limitation developed by the Township, state or federal agencies.

Each significant user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the significant user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Township and shall be approved in writing by the Township before construction of the facility. All existing significant users shall complete such a plan prior to being issued a permit. No significant user who commences contribution to the sewer system after the effective date of this article shall be permitted to introduce pollutants into the system until his accidental discharge procedures have been approved by the Township. Review and approval of such plans and operating procedures shall not relieve the significant user from the responsibility to modify his facility, as necessary, to meet the requirements of this article. In the case of an accidental discharge, it is the responsibility of the significant user to immediately telephone and notify the Township of the incident. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions.

Within five days following an accidental discharge, the significant user shall submit to the Township a detailed written report describing the cause of the discharge and the measures to be taken to mitigate any expense, loss, damage or other liability which may be incurred as a result of damage to the sewer system or aquatic life or any other damage to person or property. Such report shall not relieve the user or significant user of any fines, civil penalties or other liability which may be imposed by this article or other applicable law.

A notice shall be permanently posted on the significant user's bulletin board or other prominent place advising employees whom to call in the event of excessive and/or dangerous discharge, whether accidental or otherwise. Employers shall ensure that all employees who may cause or suffer such an excessive and/or dangerous discharge to occur are properly advised of the emergency notification procedures.

Under no circumstances shall any person discharge or cause to be discharged into the sewer system any of the substances listed in Subsection B above, without first securing written permission to do so from the Township.

Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the Federal standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall immediately supersede the limitations imposed under this article. The Township shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12.

No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the federal categorical pretreatment standards, or in any other pollutant specific limitation developed by the Township or the commonwealth.

Whenever a person is authorized by the Township and the appropriate governmental agencies to discharge any polluted water, sanitary sewage or industrial waste containing any of the substances or possessing any of the characteristics referred to in Subsection B, such discharge shall be subject to the continuing approval, inspection and review of the Township. If, in the opinion of the Township, such discharges are causing or will cause damage to the sewer system, or are causing or will cause the Township to be in violation of any agreement or order, the Township shall order the person causing such discharge to cease doing so forthwith, or to take other appropriate action, including exercising the remedies provided herein, to eliminate the harmful discharge. The Township reserves the right to recoup the costs for any work, including, but not limited to, costs of material, labor and supervision, necessary to remove and repair any deposit, obstruction or damage caused to the sewer system as a result of the discharge or drainage from any improved property.

Nothing contained herein shall be construed as prohibiting any special agreement or arrangement between the Township and the owner of an improved property or other person allowing wastewater of unusual strength or character to be admitted into the sewer system and specially treated, subject to any payments or user charges, surcharges and other charges as may be acceptable to this Township.

Pretreatment facilities.

Where necessary or appropriate in the opinion of the Township, the owner of an improved property shall provide, at the sole expense of the owner, suitable pretreatment facilities acceptable to the Township.

Plans, specifications and any other pertinent information relating to proposed facilities for preliminary treatment and handling of industrial wastes shall be submitted for approval of the Township. No construction of any such facility shall commence until approval has been obtained, in writing, from the Township, and until approval has been obtained from any and all regulatory bodies having jurisdiction.

Such facilities for preliminary treatment and handling of industrial wastes shall be continuously maintained, at the sole expense of the owner, in good operating condition satisfactory to the Township. The Township shall have access to such facilities at reasonable times for purposes of inspection and sampling.

§ 316-11 Admission of industrial wastes into sewer system.

In the absence of a permit from the Township, it shall be unlawful to discharge to the sewer system any wastewater except as authorized in writing by the Township in accordance with the provisions of this article.

All users proposing to connect to and contribute to the sewer system shall obtain a user permit from the Township before connecting to or contributing to the sewer system. Application forms are available from the Township.

There shall be two classes of user permits:

For residential, commercial and public service.

For service to institutional and industrial establishments producing industrial wastes, or waste otherwise prohibited or controlled by this article.

In either case, the owner or his agent shall make application on forms furnished by the Township. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Township. A permit and inspection fee for a residential, commercial or public user permit and for an institutional or industrial user permit shall be paid by the Township at the time the application is filed. All user permit applications shall be reviewed and approved in writing by the Township prior to permit issuance. Permit and inspection fees for user permits shall be in such amounts as may be established from time to time by the Township.

The Township may:

Impose conditions in any user permit for compliance with monitoring and reporting requirements and compliance with pollutant limitations, which conditions are deemed necessary by the Township to ensure continued compliance with pretreatment standards and requirements.

Modify existing permits to respond to changes in institutional or industrial discharges to alleviate problems at the treatment plant, to meet water quality standards or to incorporate national categorical pretreatment standards and requirements.

Prohibit the transfer of user permits when an industry or institution is acquired by a new owner.

Revoke user permits to ensure against violations of permit conditions.

The Township shall require a user of sewer services to provide information needed to determine compliance with this article or other applicable local, state or federal laws, rules or regulations. These requirements may include:

Wastewater discharge peak rate and volume records over a specified time period.

Information on raw materials, processes and products affecting wastewater volume and quality.

Quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to sewer use control.

A plot plan of sewers on the user's property showing sewer facility locations and all proposed sewer connections to these facilities.

(5)

Details of systems to prevent stormwater from entering municipal sewers.

The costs of providing this information shall be borne by the user of the sewer services in addition to other charges and sewer rentals.

All measurements, tests and analyses of the characteristics of waters and wastewaters to which reference is made in this article shall be determined in accordance with procedures established by the administrator pursuant to § 304(g) of the Act, and contained in 40 CFR, Part 136, and amendments thereto, or with any other test procedures approved by the administrator. Sampling shall be performed in accordance with the techniques approved by the administrator.

The user shall be responsible for submitting all applicable county, regional, state or federal permits or planning documents required for approval of sewer connection.

All significant users proposing to connect to or contribute to the sewer system shall obtain a significant user permit before connecting to or contributing to the sewer system.

Whenever a user becomes subject to a new national categorical pretreatment standard, but has not previously submitted an application for a significant user permit as required by § 316-11J, the user shall apply for a significant user permit within 180 days after the promulgation of the applicable national categorical pretreatment standard.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Significant user permit.

A user or significant user required to obtain a significant user permit shall complete and file with the Township an application, in the form prescribed by the Township, accompanied by the required fee. In support of the application, the significant user shall submit in units and terms appropriate for evaluation, the following information:

Name, address and location of the facility (if it is different from the address).

SIC number, according to the "Standard Industrial Classification Manual," Bureau of the Budget 1972, as amended.

(c)

Wastewater constituents and characteristics including, but not limited to, those mentioned in § 316-10 of this article, shall be determined by a reliable analytical laboratory in compliance with 40 CFR 403.12(1); sampling and analyses shall be performed in accordance with procedures established by the EPA pursuant to § 304(g) of the Act, and contained in 40 CFR, Part 136, as amended.

(d)

Time and duration of contribution.

(e)

Average daily and three-minute peak wastewater flow rates, including daily, monthly and seasonal variation, if any.

(f)

Site plans, floor plans, mechanical and plumbing plans and details to show all drains, vent pipes, sinks, sumps, sewers, sewer connections and appurtenances by their size, locations and elevation.

(g)

Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.

(h)

The nature and concentration of any pollutants in the discharge which are limited by any Township, 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 significant user to meet applicable pretreatment standards.

(i)

If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the significant user will provide such additional pretreatment. The completion data 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 facilities required for the significant user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing permits for major components, commencing construction, completing construction, etc.).

[2]

No increment referred to in Subsection J(1)(i)[1] shall exceed nine months.

[3]

No later than 14 days following each date in the schedule and the final date for compliance, the significant user shall submit a progress report to the Township, 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 significant user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the superintendent.

(j)

Each product produced by type, amount, process or processes, and rate of production.

(k)

Type and amount of raw material processed (average and maximum per day).

(l)

Number and type of employees, the hours of plant operation and proposed or actual hours of pretreatment system operation.

(m)

Any other information as may be deemed by the Township to be necessary to evaluate the permit application.

The Township will evaluate the data furnished by the significant user and may require additional information. After evaluation and acceptance of the data furnished, the Township may issue a significant user permit subject to terms and conditions provided herein.

Upon the promulgation of a national categorical pretreatment standard, the significant user permit of significant users subject to such standard shall be revised to require compliance with such standard within the time frame prescribed by such standard.

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

The unit charge or schedule of user charges and fees for the wastewater to be discharged to a sewer.

Limits on the average and maximum wastewater constituents and characteristics.

Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.

Requirements for installation and maintenance of inspection and sampling facilities.

(5)

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

(6)

Compliance schedules.

(7)

Requirements for submission of technical reports or discharge reports (see § 316-11O and P).

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(8)

Requirements for maintaining and retaining plant records relating to wastewater discharge shall be for a period of three years (minimum) or, in the case of unresolved litigation, a minimum of three years from the termination or settlement of said litigation.

(9)

Requirements for notification of the Township of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the sewer system.

(10)

Requirements for notification of slug discharges herein.

(11)

Other conditions as deemed necessary by the Township to ensure compliance with this article.

Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. A significant user shall apply for permit reissuance a minimum of 180 days prior to the expiration of his significant user's existing permit. The terms and conditions of his permit may be subject to modification by the Township during the term of the permit, as limitations or requirements as identified in § 316-6 are modified or other just cause exists. A significant user shall be informed of any proposed changes in this permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

Significant user permits are issued to a specific significant user for a specific operation. A significant user permit shall not be reassigned, transferred or sold to a new owner, new significant user, different premises or a new or changed operation without the written approval of the Township. Any succeeding owner shall also comply with the terms and conditions of the existing permit.

Compliance date report. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the sewer system, any significant user subject to pretreatment standards and requirements shall submit to the Township a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the significant user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the significant user and certified by a qualified professional engineer registered in the Commonwealth.

Periodic compliance reports.

Every significant user subject to a pretreatment standard after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge to the sewer system shall submit to the Township during the months of June and December, unless required more frequently in the pretreatment standards or by the Township, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flow which, during the reporting period, exceeded the average daily flow allowed in the permit. At the discretion of the Township, in consideration of such factors as local high or low flow rates, holiday, budget cycles, etc., the Township may agree to alter the months during which the above reports are to be submitted.

The Township may impose mass limitations on significant users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection P(1) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the significant user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration or production and mass where requested by the Township, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the administrator pursuant to § 304(g) of the Act, and contained in 40 CFR, Part 136, and amendments thereto, or with any other test procedures approved by the administrator. Sampling shall be performed in accordance with the techniques approved by the administrator.

All periodic compliance reports must be signed by an authorized representative of the significant user and certified by a qualified professional.

The Township shall inspect the facilities of any user to ascertain whether the purpose of this article is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Township, through its representative(s), ready access during all working hours to all parts of the premises for the purposes of inspection, sampling, records examination and copying, or in the performance of any of his duties. The Township, the DEP and the EPA shall have the right to set up on a user's or significant user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user or significant user has security measures in force which require proper identification and clearance before entry into his premises, the user or significant user shall make necessary arrangements with its security guards so that upon presentation of suitable identification, personnel from the Township, the DEP and the EPA will be permitted to enter without delay for the purposes of performing their specific responsibilities.

Compliance.

Users and significant users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any equipment or facilities required to pretreat wastewater to a level acceptable to the Township shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Township for review, and shall be acceptable to the Township before construction of the facility. The review of such plans and operating procedures will in no way relieve a user from the responsibility of modifying his facility as necessary to produce an effluent acceptable to the Township under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be accepted by the Township prior to the user's or significant user's initiation of the changes.

Annually, the Township may publish in a newspaper of general circulation in the Township a list of the users and significant users who failed to comply with pretreatment requirements or standards at least once during the previous 12 months. The notification also shall summarize any enforcement actions taken by the Township against these users and significant users during the same 12 months.

All records relating to compliance with pretreatment standards shall be made available to officials of the Township, DEP, EPA or approval authority upon request.

Information and data on a user or significant user obtained from reports, questionnaires, permit applications, permits, monitoring programs and inspections shall be available to the public or other governmental agencies without restriction unless the user or significant user specifically requests and is able to demonstrate to the satisfaction of the Township that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user or significant user. When requested by the person furnishing a report, those 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 part, the National Pollutant Discharge Elimination System (NPDES) permit, state disposal permit and/or the pretreatment programs provided. Any such portions of a report shall also be available for use by the state or any state agency in judicial review or enforcement proceeding involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

Whenever the Township finds that any user or significant user has violated or is violating this article, his user permit or significant user permit, or any prohibition or limitation of requirements contained herein, the Township may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the Township by the user or significant user.

The Township may suspend a user permit or a significant user permit whenever such suspension is necessary in the opinion of the Township in order to stop an actual or threatened discharge which presents, or may present, an imminent or substantial endangerment to the health or welfare of persons or to the environment, or which may cause interference to the sewer system or which may cause the Township to violate any condition of its NPDES permit. Any person notified of a suspension of this permit shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the Township shall take steps as deemed necessary to prevent or minimize damage to the sewer system or endangerment to any individuals. The Township shall reinstate the permit upon proof of the elimination of the noncomplying discharge by user or significant user, payment of any damages, fines, penalties or costs associated with the discharge, and the submission of a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence.

Any user or significant user is subject to revocation of a permit granted hereunder for violation of applicable state and federal regulations, or by reason of the commission of any of the following acts:

Failure to report factually on discharge wastewater constituents and characteristics.

Failure to report significant changes in operations or wastewater constituents and characteristics.

Refusal to permit reasonable access to the premises for inspection and monitoring.