[Adopted 7-7-2008 by Ord. No. 118]
[Amended 8-6-2012 by Ord. No. 127; 5-2-2016 by Ord. No. 136]
A. 
Applicability. This Article XII is applicable to all wastes discharged into sanitary sewers anywhere within the Township. Unless stated otherwise, the terms used in this article are defined in Article I of this Chapter 103.
B. 
Definitions. The following terms as used in this Article XII shall have the following meanings. All terms defined in §§ 103-70 and 103-75 shall have the meaning as prescribed in those sections.
COMPOSITE SAMPLE
Shall consist of three or more subsamples obtained over a period of time from a waste stream using proper sampling techniques as recommended by the EPA and combined for analysis. Composite samples shall include subsamples taken at intervals over a twenty-four-hour period unless the discharge occurs for a shorter period of time, in which case the composite sample shall include subsamples for the period of time during which the discharge occurs.
(1) 
Composite samples may be equal-aliquot composite samples or flow-proportioned composite samples. Equal-aliquot samples consist of multiple samples of equal size taken at regular time intervals regardless of the rate of discharge flow. Flow-proportioned samples consist of subsamples taken at different volumes or at different time intervals based on the flow rate of the discharge so as to create a composite sample that is proportionally equivalent to the discharge over the sampling period.
DISCHARGE
Sewage or industrial waste, or a combination of both, conveyed from an improved property to the sewer system. Each point of connection of a building sewer to the sewer system shall be a separate point of discharge.
GRAB SAMPLE
A single sample of a discharge obtained over a period of not more than 15 minutes and separately analyzed.
A. 
No person will discharge into the sewage collection system any industrial waste without first applying for and obtaining a permit or permission to do so. All industrial waste is subject to regulation by the Township, and the Township reserves the right, at its discretion, to refuse connection to the sewer system or to compel discontinuance of the use of the sewers or to compel pretreatment of industrial wastes by any industrial user.
B. 
Except as otherwise provided in this article, no person shall discharge or cause to be discharged any of the following described wastes or waters into the sewer system. Special note is made that these prohibitions apply to all persons connected to the sewer system and are not limited to industrial users.
(1) 
Any liquid or vapor having a temperature higher than 140° F. or heat in amounts which will inhibit biological activity at the wastewater treatment plant, resulting in interference.
(2) 
Any water or waste containing more than 100 mg/l of fats, oils or grease, or hexane-extractible materials.
(3) 
Any pollutant which will cause corrosive damage to the sewer system or the wastewater treatment plant.
(4) 
Any pollutant, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the wastewater treatment plant.
(5) 
Any trucked or hauled wastes, except if approved by the Township and discharged at points and in the manner designated by the Township.
(6) 
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 be injurious in any way to the wastewater treatment plant. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the system (or at any point in the system) be more than 5% nor any single reading over 10% of the lower explosive limits (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, fuel oil, kerosene, naptha, benzene, ethylbenzene, toluene, xylene, ethers, bromates, carbides, hydrides and sulfides and any other substances in amounts or concentrations which will create a fire hazard or be detrimental to the sewer system or the wastewater treatment plant.
(7) 
Any noxious, poisonous, flammable or malodorous gas or substance which, either singly or by interaction with other wastes, shall be capable of creating a public nuisance or hazard to life or of preventing entry into the sewer system or the wastewater treatment plant for maintenance and repair or which may cause acute worker health or safety problems.
(8) 
Any water or waste containing any solid wastes with particles greater than 1/2 inch in any dimension, resulting from preparation, cooking and dispensing of food and from handling, storage and sale of produce, which wastes commonly are known as "garbage," which have not been ground by household-type garbage disposal units or other suitable garbage grinder.
(9) 
Any solids or viscous substances which may cause obstruction to the flow in the sewer system or other interference with proper operation of the wastewater treatment plant, such as, but not limited to: oils and greases, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, feathers, entrails, whole blood, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, strings, wood, plastics, gas tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes, dental floss, wool or other fibers.
(10) 
Any water or waste having a pH (as determined by the Township) lower than 6.0 or higher than 9.0 or having any corrosive property capable of causing damage or hazard to structures or equipment of the sewer system or the sewage treatment plant or to personnel engaged in operation and maintenance thereof.
(11) 
Any pollutants that are a hazardous waste pursuant to 40 CFR Part 261, unless such pollutant is subject to the domestic sewage exemption under 40 CFR 261.4(a)(1)(ii) and is reported to the Township and to Berwick Township under the provisions of 40 CFR 403.12(p).
(12) 
Any pollutant which causes pass-through or interference as defined at 40 CFR 403.3.
(13) 
Any water or waste containing any toxic substance, as set forth in the tables below, in excess of the maximum concentrations shown, in a quantity sufficient to constitute a hazard to humans or animals or to interfere with any wastewater treatment process of the wastewater treatment plant or that will pass through the wastewater treatment plant in such condition so that it will exceed state, federal or other validly existing requirements.
(a) 
Samplings taken to determine the maximum allowable concentration shall be at the point of discharge to the sanitary sewer system.
Toxic Inorganic Substances
Maximum Allowable Concentration
(mg/l)
Aluminum (ionic form)
10
Antimony
1
Arsenic
0.1
Barium
5.0
Beryllium
1.0
Boron
1.0
Cadmium
0.02
Chromium (total)
1.0
Chromium (hexavalent)
0.05
Copper
0.5
Cyanide (total)
0.1
Fluorides
1.5
Iron
3.0
Lead
0.05
Manganese
3.0
Mercury
0.002
Nickel
0.5
Selenium
0.1
Silver
0.1
Sulfate
360
Tin
5.0
Zinc
0.3
Color (platinum cobalt units)
75 Pt-Co units
Chlorides
250
Toxic Organic Compounds/Pollutants
Maximum Allowable Concentration
(mg/l)
Acrolein
0.2
Acylonitrile
0.2
2, 4-Dinitrophenol
0.5
2-Methyl-4, 6-dinitrophenol
0.5
Alcohols (total)
25.0
Phenols
0.001
Chlorinated hydrocarbons (total)
2.0
Pesticides and herbicides (total)
0.1
Benzidine
50.0
Methylene blue active substances (MBAS)
50.0
Acetone
50.0
Toluene
1.0
Ethylbenzene
1.0
Methylene chloride
0.2
Naphthalene
1.5
Hexachlorobenzene
2.0
Chloroform
0.1
(b) 
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 regulation for sources in that subcategory, shall immediately supersede the limitations imposed under this regulation. Industrial users are responsible for compliance with federal requirements, including reporting requirements under 40 CFR 403.12 (under which the control authority is the Environmental Protection Agency), and the Township will not be responsible for notifying any users of the applicable federal requirements.
(14) 
Any water or waste containing total solids of such character and quantity that special or unusual attention or expense shall be required to handle such water or waste at the wastewater treatment plant for wastewater treatment processes.
(15) 
Any wastewater containing an excess of 25 mg/l of total phosphorus (TP), unless approved by the Township and by the Berwick Township Board of Supervisors under a separate agreement. However, no total phosphorus (TP) discharges shall exceed 45 mg/l under any circumstances.
(16) 
Any wastewater containing an excess of 25 mg/l of ammonia nitrogen (NH3-N), unless approved by the Township and the Berwick Township Board of Supervisors under separate agreement. However, no ammonia nitrogen (NH3-N) discharges shall exceed 45 mg/l under any circumstances.
(17) 
Any wastewater containing radioactive wastes.
(18) 
Any wastewater containing biochemical oxygen demand (BOD) in excess of 250 mg/l, unless approved by the Township and the Berwick Township Board of Supervisors under separate agreement.
(19) 
Any wastewater containing a chemical oxygen demand (COD) in excess of 450 mg/l.
(20) 
Any wastewater containing an excess of 250 mg/l of total suspended solids, unless approved by the Township and the Berwick Township Board of Supervisors under separate agreement.
(21) 
Any wastewater volume (quantity) or rate of flow which will have a detrimental effect on the collection system, pumps or treatment units.
(22) 
Any wastewater containing dyes, or other materials with objectionable color, that may affect the effluent quality and visual appearance.
(23) 
Any substance prohibited by any permit issued by the Commonwealth of Pennsylvania.
(24) 
Any stormwater, either from street or gutter inlets or from roofs, downspouts, foundation drains, basement sump pumps or other stormwater collection apparatus, any surface or subsurface water, uncontaminated exhaust or boiler blowdown water, condensed steam, uncontaminated cooling water, or other unpolluted drainage or water, unless approved by the Township and the Berwick Township Board of Supervisors.
C. 
Where necessary, an industrial user shall install suitable pretreatment facilities, grease recovery or solids removal units in order to comply with the above restrictions and prohibitions.
(1) 
Plans, specifications and other pertinent information relating to proposed facilities for pretreatment and handling of wastes shall be submitted for approval of the Township, and no construction of any such facility shall be commenced until approval thereof first shall have been obtained from the Township.
(2) 
Whenever facilities for pretreatment or other special handling of wastes shall have been provided by any person, such facilities shall be continuously maintained, at the expense of the owner or occupant of the improved property, in satisfactory operating condition, and the Township shall be given access to such facilities at reasonable times for purposes of inspection and testing. Refusal of an owner to allow inspection of such facilities shall be grounds for immediate revocation of the discharge permit and/or the sewer connection permit.
D. 
Grease traps required.
(1) 
Gas stations and garages are required to provide oil interceptors of the types Series GA, GX, GNC or GRC, of Josam Manufacturing Company, Michigan City, Indiana, or equivalent, in the proper location where the dangerous liquids are to be intercepted from entry into the sewer system.
(2) 
Restaurants, and other commercial establishments as directed by the Township, are required to provide a complete grease recovery unit, properly sized to handle anticipated flow rates, as manufactured by Lowe Engineering Company, Thermaco, Inc. or equivalent.
(3) 
Specification of the grease traps in this article shall not be construed to allow the discharge of any prohibited wastes should such units fail to control the discharge.
E. 
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 for compliance with the limitations contained in this article, the federal categorical pretreatment standards or in any other pollutant-specific limitation developed by the Township or Commonwealth of Pennsylvania.
F. 
Whenever a person is authorized by the Township to discharge any sanitary sewage or industrial waste containing any of the substances or possessing any of the characteristics referred to in § 103-121B of this article, 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 sanitary sewer system or cause the Township to be in violation of the treatment agreement with Berwick Township, the Township shall order the person causing such discharge to cease doing so forthwith or to take other appropriate action to eliminate the harmful discharge. When necessary, in the opinion of the Township, the industrial waste discharge permit and/or the sewer connection permit may be suspended or rescinded and disconnection or blocking of the sewer connection at the point of connection to the sewer system may be effected to enforce such suspension or rescission.
G. 
Sampling and testing.
[Amended 5-2-2016 by Ord. No. 136]
(1) 
Sanitary sewage and industrial wastewater being discharged into the sewer system shall be subject to periodic inspection, sampling, and testing to determine compliance with the provisions of this article. Inspection, sampling and testing shall be undertaken by the Township as frequently and in such manner as may be deemed necessary, subject to the provisions of Subsection G(3) below and provided that the Township shall establish, and revise or update from time to time, standard sampling protocols that treat similarly situated discharges of similar type uniformly. Inspections and sampling shall be accomplished in the building sewer when possible, or at the point of connection of the building sewer with the sewer system when necessary.
(2) 
Usual and routine testing normally associated with periodic monitoring shall be performed by the Township at the Township's cost and with no charge to the customer. However, when any one parameter exceeds the allowable limit as established herein the owner of the improved property discharging such waste (or, if the property is leased or rented, the tenant thereof, upon proof of such tenancy shown by the owner) shall be financially responsible for all testing costs associated with that sampling event (including sampling, preservation, and analysis costs, and associated costs of data analysis, reporting, and evaluation for compliance with this article). The owner or tenant shall also be financially responsible for all extraordinary testing costs when it has been deemed necessary to provide continued or more frequent sampling and testing than would otherwise be done because of the discharge's noncompliance with the rules and regulations as contained herein.
(3) 
Sampling for purposes of determining compliance with the provisions of this article shall be conducted using the following sample types:
(a) 
For all pollutants listed in § 103-121B(13)(a) (toxic inorganic substances and toxic organic compounds/pollutants) and regulated as maximum allowable concentrations, all samples shall be obtained as grab samples. If more than one grab sample is obtained in any calendar day, each sample shall be individually compared to the maximum allowable limitation to determine compliance.
(b) 
For all pollutants listed in § 103-121B(15), (16), (18), (19), and (20) (pertaining to total phosphorus, ammonia nitrogen, biochemical oxygen demand, chemical oxygen demand and total suspended solids), samples may be obtained as either grab samples, equal-aliquot composite samples, or flow-proportioned composite samples.
(c) 
Sample types for other regulated wastes as itemized in Section 103-121B(1) through (12), (14), (17), and (21) through (24) shall be as required by Berwick Township to protect its Sewage Treatment Plant, as required by standard practice and procedure for the parameter at issue (ex: fats oil and grease, temperature, and pH samples are always obtained as grab samples), or as established by the Township after consultation with its consulting Engineer.
(d) 
Sampling performed by the Township may utilize any of the sample types as allowed by Subsection G(3)(a), (b) and (c) and the results of any such sample shall be valid to determine compliance with the applicable limitation. If more than one sample type is authorized and an owner or tenant wishes the Township to utilize a particular sample type for its discharge, and such sampling will incur additional costs compared to the sample type selected by the Township, the person may request the alternate sample type to be used, agreeing by doing so to pay the incremental cost of obtaining a more costly sample. For instance, if an owner or tenant wishes that sampling of his discharge for BOD and phosphorus be by flow-proportioned composite sample and the Township has selected equal-aliquot composite samples as its standard procedure, the Township will obtain flow-proportioned composite samples and bill the owner or tenant for any additional sampling cost over and above the cost of obtaining an equal-aliquot sample. If the alternate sampling procedure requested by the customer is at lower cost than the Township-selected method, the customer will not be billed for performing sampling using the requested method.
H. 
Nothing contained in this article shall be construed as prohibiting any special wastewaters of unusual strength or character to be admitted into the sewer system by special agreement with the Township and the Berwick Township Board of Supervisors, subject to any conditions the parties may agree to (except that no such agreement may authorize the violation of any applicable federal effluent limitation guideline or categorical pretreatment standard).
A. 
No person shall discharge or cause to discharge into the sewer system any industrial wastes except upon application to the Township and upon receipt of a written permit or waiver therefor by the Township.
B. 
Dischargers of industrial waste shall provide information to the Township and apply for a discharge permit using the following procedure:
[Amended 8-6-2012 by Ord. No. 127]
(1) 
All industrial and commercial users of the sewer system, and all users that discharge, or may discharge industrial waste as defined by this chapter, shall, upon request, provide the following information to the Township for its review:
(a) 
Name, address and location of the establishment.
(b) 
Standard Industrial Classification (SIC) code for all processes which result in a discharge.
(c) 
Description of activities, facilities and plant process on the premises and the number of employees, hours of operation and seasonal information impacting waste production.
(d) 
Each product produced by the type, amount, process and rate of production in units appropriate to the type of establishment.
(e) 
Description of raw materials used, including, but not limited to, product materials, materials required for process operations (saw water, chemical cutting, or surface preparation), and cleaning agents required for specific process operations.
(f) 
Time and duration of all discharges to the sewer system.
(g) 
Estimates of average daily, maximum daily and instantaneous peak wastewater flow rates.
(h) 
Estimates of average daily, maximum daily and instantaneous peak wastewater BOD, TSS, ammonia-nitrogen and total phosphorus (TP) concentrations based onsite-specific data if available and industry averages if site-specific information is not available.
(2) 
The Township will review the information submitted and determine if the user discharges industrial waste in such quantifies or constituents as to require a permit or if the permit requirement may be waived. The Township will notify the user of its decision in writing.
(3) 
If the Township determines that a discharge permit is required, the Township shall develop a permit which incorporates the provisions of this Article XII and such other requirements, conditions, restrictions, or prohibitions as the Township may determine are necessary to ensure compliance with the purpose of this article. Permits may include terms or conditions that are different, more stringent, or less stringent than those set forth in this article if such different terms or conditions are deemed to be appropriate by the Township.
(4) 
Issuance of a discharge permit by the Township shall authorize the discharge of industrial waste strictly according to its terms. Violation of the terms of a discharge permit shall be a violation of this chapter and subject to the remedies and penalties herein.
C. 
Changes in type of wastes. Any owner of an improved property who is discharging, or allows to be discharged, wastewaters into the sewer system and who contemplates a change in the operations, processes or other activities conducted on such improved property that will alter the type of wastewater to be discharged into the sewer system such that the wastes will be subject to this article (i.e., a new or changed discharge of industrial waste) shall notify the Township, in writing, at least 30 days prior to the consummation of such change.
D. 
The Township reserves the right to require any improved property having large variations in rates of waste discharge to install suitable regulating devices for equalizing waste flows to the sewer system.
E. 
When required by the Township, the owner shall provide, at his expense, such preliminary treatment or handling facilities or practices as may be necessary to modify the objectionable characteristics or control the quantities and rates of discharge of such water or wastes as necessary to reduce BOD to 250 mg/l, suspended solids to 250 mg/l, and total solids to 600 mg/l, or modify the objectionable characteristics or constituents to come within the maximum limits provided for in this article.
(1) 
Plans, specifications and any other pertinent information relating to proposed preliminary treatment or handling facilities shall be submitted for approval of the Township, and no construction of such facilities shall be commenced until written approval is obtained.
(2) 
Where preliminary treatment facilities are provided, they shall be maintained continuously in satisfactory and effective operation at the owner's expense. The Township and/or its authorized representatives shall have continuous access to any preliminary treatment facilities for inspection and sampling. Operations of and discharge from said facilities shall be subject to the requirements of all applicable federal, state and local codes, ordinances, laws and regulations. Operation and testing data from the pretreatment facilities shall be submitted to the Township and to Berwick Township upon request or as provided by an industrial waste discharge permit.
F. 
Industrial waste being discharged into the sewer system shall be subject to periodic sampling, testing and inspection by the Township or by the owner at the direction of the Township or as provided by an industrial waste discharge permit issued by the Township. The analysis of samples so obtained shall be the basis for computing additional charges in accordance with this article. Costs of routine testing, defined for this purpose only as one test per quarter, shall be paid by the Township unless otherwise provided by a discharge permit or agreement.
(1) 
A customer subject to periodic sampling for billing purposes may request that samples be taken in addition to the normal periodic samples taken by the Township. The cost of this additional sampling and analysis shall be borne by the customer.
G. 
Industrial waste dischargers shall provide protection from accidental, unauthorized and slug discharges [defined at 40 CFR 403.8(f)(2)(vi)]. Upon request of the Township, the discharger shall provide a plan and facilities to prevent accidental or slug discharges. Industrial waste dischargers shall report accidental spills to the wastewater treatment plant immediately by notifying the Berwick Township office and the Berwick Township wastewater treatment personnel. Dischargers shall be financially responsible for operational expenses incurred by the Township and Berwick Township resulting from accidental, unauthorized or slug discharges.
H. 
The Township reserves the right to refuse service or permission to connect to the sewer system in order to prevent damage to the sewer system, overload of or detrimental effect to the wastewater treatment plant, or potential environmental consequences to the stream receiving effluent from the Berwick Township wastewater treatment plant. The Township will consult with Berwick Township when a discharge of industrial waste is contemplated and shall refuse permission to connect if such discharge is unacceptable to Berwick Township.
[Amended 8-6-2012 by Ord. No. 127]
A. 
The Township may adopt by resolution a schedule of fees to recover the costs of implementation of the provisions of this Article XII related to the acceptance of industrial wastes. Such fees may include, but are not limited to, fees for the processing of industrial waste permit applications; the issuance, reissuance, amendment or renewal of an industrial waste discharge permit; recovery of the administrative costs associated with the acceptance of industrial wastewater; and special fees for responding to industrial or commercial user requests.
B. 
The Township shall recover all costs which it incurs as a result of the discharge of industrial waste into the sewer system from the dischargers of such waste. These costs shall include, but not be limited to: 1) costs of sampling, analysis, testing and other actions other than periodic and routine monitoring costs as provided in § 103-121G; 2) costs of professional services required to analyze or interpret data and reports, make recommendations regarding acceptance of industrial wastes, provide interpretive analyses of the applicability of this article or this chapter to industrial wastes, compute applicable fees, charges and penalties to be charged, and other related services provided by an engineer, consultant, attorney, accountant, or other professional; 3) legal fees incurred in administering the provisions of this chapter, seeking to recover fees and penalties, prosecuting or defending legal actions taken with respect to such discharges, or other necessary actions authorized by the Township; and 4) all other costs, including but not limited to inspection and cleaning of sewers, removal and disposal of accumulated grease, sediment, and other wastes attributable to the industrial waste discharge, repairing and replacing sewers or other sewer facilities damaged by the industrial waste discharge, and other corrective or preventative measures taken with regard to a specific discharge or discharges of industrial waste.
C. 
The fees and costs authorized by this section shall be added to the customer's periodic sewer bill and shall be payable in accordance with the provisions of this chapter governing the payment of sewer rentals and charges.
A. 
Whenever any person shall fail to comply with any provision of this article regarding industrial waste, including but not limited to the violation of any permit issued hereunder, the Township may revoke the property's connection permit or the discharger's industrial waste discharge permit and may take whatever action is necessary to protect the sewer system and/or the wastewater treatment plant, including, without limitation, capping the user's sewer connection or severing the connection to the sewer system. In case of an emergency, as determined by the Township, such action may be taken without prior notice to the owner or occupant.
(1) 
Customers shall be afforded notice and an opportunity for an administrative hearing before or, in the case of an emergency, promptly after the taking of any enforcement action by the Township under this article. The failure of a person to request an administrative hearing upon notice thereof shall be a waiver of that person's rights and no action for which a hearing had been available under this article shall be reviewable in any court or administrative tribunal.
B. 
Summary offense. Any person who shall violate any provision of this article or any provision of any permit issued hereunder shall be guilty of a summary offense and, upon conviction thereof, shall be subject to a fine of not less than $100 nor more than $1,000, together with costs of prosecution in each case, and, in default of payment of such fine, shall be subject to imprisonment up to 90 days. Each day that a violation occurs or continues shall be deemed as a separate offense and shall be punishable as such. Each discharge of a substance in excess of the maximum allowable concentration, or each provision of this article that is violated, shall also be deemed and shall be prosecuted as a separate and distinct violation.
C. 
Civil action. The Township may sue at law to recover damages or in equity to enjoin violations of this article, including the provisions of any permit issued hereunder, and, in addition to damages, may recover reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation.
D. 
Civil penalties. As authorized by Section 1601 of the Second Class Township Code, 53 P.S. § 66601(c.1)(1), as amended, there is imposed a civil penalty of not more than $600 for each violation of any provision of this article, or any provision of a permit issued pursuant to this article. Each day on which a violation occurs, and each provision of this article or a permit issued pursuant to this article shall be a separate offense subject to such penalty. The Township shall notify a violator of the violation, stating the nature of such violation and the date(s) on which it occurred, and assessing the penalty as determined by the Township. If the violator refuses or fails to pay the assessed civil penalty within 20 days of such notice, the Township may initiate civil proceedings in the Court of Common Pleas to recover the penalty and any additional daily penalties which may have accrued since those recited in the notice, along with court costs and reasonable attorneys fees incurred by the Township in the enforcement proceedings.
[Added 8-6-2012 by Ord. No. 127[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection D as Subsection E.
E. 
The provision of remedies in this section shall not be construed as limiting the discretion of the Township to take any and all such actions as are allowed by law in response to a violation of this article.